Common use of Tests on Completion Clause in Contracts

Tests on Completion. a. Before commencement of the Tests, the Concessionaire shall ensure that it has provided the Authority with all required documents under Articles 8.6, 8.7 and 8.8. The provisions of Article 11.3 shall be applicable mutatis mutandis to the carrying out of the Tests under this Article. The Concessionaire shall give to Authority and the Independent Engineer not less than 28 (twenty eight) days ' notice of its intent to carry out the Tests. Unless otherwise agreed, such Tests shall be carried out within 14 (fourteen) days after this date, or on such day or days as the Independent Engineer shall instruct. b. The Tests shall include checking of construction records, documents and drawings, trial runs, checks of profiles and levels, or any other Tests that may be reasonably necessary to confirm that the Works meet the Technical Requirements/ standards. The Independent Engineer after consultation with the Authority, shall draw up a detailed list of Tests, along with the acceptable standards to be carried out by the Concessionaire and shall furnish the same to the Concessionaire within 14 (fourteen) days of the receipt of the Concessionaire’s intention to carry out the Tests. c. The Independent Engineer and the Authority shall monitor the results of the Tests to determine the compliance of the Project with the standards and Technical Requirements. The Concessionaire shall provide the Independent Engineer and the Authority with the copies of all Test data and Test results. d. The results of the Tests on Completion shall be compiled and evaluated by the Independent Engineer. Upon the Independent Engineer determining the Tests to be successful, the Independent Engineer shall issue the Construction Completion Certificate in accordance with Article 14.1. e. The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion (“Provisional Certificate” / “Partial Completion Certificate”), subject to the express approval of the Authority, if the Tests are successful and all parts of Project can be legally, safely and reliably opened for commercial operation and the commercial operations of the Project or part thereof may commence though certain minor and finishing works or things forming part thereof, which in the opinion of the Independent Engineer do not, in any manner whatsoever affect the safety of the Works, any component of the Project or, in any material respect, the commercial operations thereof, are not yet complete. In such an event, such Provisional Certificate shall have appended thereto a list of outstanding Works items to be completed along with the duration for the completion of each activity (“Check List”), signed jointly by the Independent Engineer and the Concessionaire. All Check List items shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of such Provisional Certificate. Upon completion of all Check List items to the satisfaction of the Independent Engineer, the Independent Engineer shall issue the Completion Certificate to the Concessionaire as per the provision of Article 14. f. If the Independent Engineer certifies that it is unable to issue the Construction Completion Certificate or Provisional Certificate because of events or circumstances which excuse the performance of the Concessionaire's obligations in accordance with this Agreement and as a consequence thereof the Tests could not be held or had to be suspended, the Concessionaire shall re-schedule the Tests and hold the same as soon as reasonably practicable. g. The Concessionaire shall bear all the expenses relating to Tests under this Agreement. h. All items in the Check List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security i.e. an amount of Rs 7,500/- and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer for all the Project Site. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 90 (ninety) days for completion of the Check List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the Construction Completion Date thereof shall be determined by the Independent Engineer in accordance with Good Industry Practice, and such Construction Completion Date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages.

Tests on Completion. a. Before commencement of the Tests, the Concessionaire shall ensure that it has provided the Authority with all required documents under Articles 8.6, 8.7 and 8.8. The provisions of Article 11.3 shall be applicable mutatis mutandis to the carrying out of the Tests under this Article. The Concessionaire shall give to Authority and the Independent Engineer not less than 28 (twenty eight) days ' notice of its intent to carry out the Tests. Unless otherwise agreed, such Tests shall be carried out within 14 (fourteen) days after this date, or on such day or days as the Independent Engineer shall instruct. b. The Tests shall include checking of construction records, documents and drawings, trial runs, checks of profiles and levels, or any other Tests that may be reasonably necessary to confirm that the Works meet the Technical Requirements/ standards. The Independent Engineer after consultation with the Authority, shall draw up a detailed list of Tests, along with the acceptable standards to be carried out by the Concessionaire and shall furnish the same to the Concessionaire within 14 (fourteen) days of the receipt of the Concessionaire’s intention to carry out the Tests. c. The Independent Engineer and the Authority shall monitor the results of the Tests to determine the compliance of the Project with the standards and Technical Requirements. The Concessionaire shall provide the Independent Engineer and the Authority with the copies of all Test data and Test results. d. The results of the Tests on Completion shall be compiled and evaluated by the Independent Engineer. Upon the Independent Engineer determining the Tests to be successful, the Independent Engineer shall issue the Construction Completion Certificate in accordance with Article 14.1. e. The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion (“Provisional Certificate” / “Partial Completion Certificate”), subject to the express approval of the Authority, if the Tests are successful and all parts of Project can be legally, safely and reliably opened for commercial operation and the commercial operations of the Project or part thereof may commence though certain minor and finishing works or things forming part thereof, which in the opinion of the Independent Engineer do not, in any manner whatsoever affect the safety of the Works, any component of the Project or, in any material respect, the commercial operations thereof, are not yet complete. In such an event, such Provisional Certificate shall have appended thereto a list of outstanding Works items to be completed along with the duration for the completion of each activity (“Check List”), signed jointly by the Independent Engineer and the Concessionaire. All Check List items shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of such Provisional Certificate. Upon completion of all Check List items to the satisfaction of the Independent Engineer, the Independent Engineer shall issue the Completion Certificate to the Concessionaire as per the provision of Article 14. f. If the Independent Engineer certifies that it is unable to issue the Construction Completion Certificate or Provisional Certificate because of events or circumstances which excuse the performance of the Concessionaire's obligations in accordance with this Agreement and as a consequence thereof the Tests could not be held or had to be suspended, the Concessionaire shall re-schedule re‐schedule the Tests and hold the same as soon as reasonably practicable. g. The Concessionaire shall bear all the expenses relating to Tests under this Agreement. h. All items in the Check List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security i.e. an amount of Rs 7,500/- 7,500/‐ and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer for all the Project Site. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 90 (ninety) days for completion of the Check List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the Construction Completion Date thereof shall be determined by the Independent Engineer in accordance with Good Industry Practice, and such Construction Completion Date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages.

Tests on Completion. a. Before commencement The Supplier informs in writing the Purchaser of the Testsdate on which the Supply will be completed. The Supplier shall, in coordination with the Purchaser, carry out all checks and tests in accordance with the requirements set out in the Contract and the detailed tests on completion program submitted to and approved by the Purchaser. The Purchaser shall witness all tests on completion and the Supplier shall provide copies of all test reports for acceptance to the Purchaser. The Supplier shall give the Purchaser at least ten (10) days written notice of the start of each test on completion. The Supplier shall conduct such tests under its responsibility, control and direction in the presence of the Purchaser. The tests on completion include: - acknowledgment of the Supply carried out; - any tests provided for in the Contract; - the reporting of any defects or faulty Supply; - the reporting of the removal of the installations from the site and the restoration of the land and premises; - reports relating to completion of the Supply. If any part of the Supply fails to pass the test on completion, the Concessionaire Supplier shall ensure that it has provided carry out the Authority with necessary additional or remedial works and repeat the relevant tests on completion upon the same terms and conditions, all required documents under Articles 8.6, 8.7 and 8.8at its expense. The provisions Supplier shall carry out such adjustments, modifications and the achievement of Article 11.3 shall be applicable mutatis mutandis successful tests within a reasonable time fixed by the Purchaser and without prejudice to the carrying out Supplier’s liability for liquidated damages for delay. The Purchaser shall give reasonable notice of this date. If any such adjustment, repair or modification might affect part of the Tests under this Article. The Concessionaire shall give to Authority and Supply having satisfied the Independent Engineer not less than 28 (twenty eight) days ' notice of its intent requirements for test on completion, the Purchaser may require the Supplier to carry out the Teststest on completion again for such part of the Supply (having satisfied the requirements for test on completion) at the Supplier’s expense in order to demonstrate that they continue to satisfy the requirements for test on completion. Unless otherwise agreedThe costs incurred by the Purchaser as a result of a repeat test on completion after a failed test, such Tests as costs of inspection agencies, Purchaser representatives, utilities, etc. shall be carried out within 14 (fourteen) days after this date, or on such day or days as the Independent Engineer shall instruct. b. The Tests shall include checking of construction records, documents and drawings, trial runs, checks of profiles and levels, or any other Tests that may be reasonably necessary to confirm that the Works meet the Technical Requirements/ standards. The Independent Engineer after consultation with the Authority, shall draw up a detailed list of Tests, along with the acceptable standards to be carried out borne by the Concessionaire and shall furnish the same to the Concessionaire within 14 (fourteen) days Supplier. If any part of the receipt Supplier fails to pass the tests on completion repeated on the date notified by the Purchaser, then the Purchaser shall be entitled, at any time and at its option, to reject such part of the Concessionaire’s intention to carry out the Tests. c. The Independent Engineer Supplier and the Authority shall monitor the results of the Tests to determine the compliance of the Project with the standards and Technical Requirements. The Concessionaire shall provide the Independent Engineer and the Authority with the copies of all Test data and Test results. d. The results of the Tests on Completion Purchaser shall be compiled and evaluated by the Independent Engineer. Upon the Independent Engineer determining the Tests entitled to be successful, the Independent Engineer shall issue the Construction Completion Certificate proceed in accordance with Article 14.1. e. The Independent Engineer may, at the request 11.2 of the Concessionaire, issue a provisional certificate of completion (“Provisional Certificate” / “Partial Completion Certificate”), subject GPC without prejudice to the express approval any other right of the Authority, if Purchaser under the Tests are successful and all parts of Project can be legally, safely and reliably opened for commercial operation and the commercial operations of the Project or part thereof may commence though certain minor and finishing works or things forming part thereof, which in the opinion of the Independent Engineer do not, in any manner whatsoever affect the safety of the Works, any component of the Project or, in any material respect, the commercial operations thereof, are not yet complete. In such an event, such Provisional Certificate shall have appended thereto a list of outstanding Works items to be completed along with the duration for the completion of each activity (“Check List”), signed jointly by the Independent Engineer and the Concessionaire. All Check List items shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of such Provisional Certificate. Upon completion of all Check List items to the satisfaction of the Independent Engineer, the Independent Engineer shall issue the Completion Certificate to the Concessionaire as per the provision of Article 14Contract. f. If the Independent Engineer certifies that it is unable to issue the Construction Completion Certificate or Provisional Certificate because of events or circumstances which excuse the performance of the Concessionaire's obligations in accordance with this Agreement and as a consequence thereof the Tests could not be held or had to be suspended, the Concessionaire shall re-schedule the Tests and hold the same as soon as reasonably practicable. g. The Concessionaire shall bear all the expenses relating to Tests under this Agreement. h. All items in the Check List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security i.e. an amount of Rs 7,500/- and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer for all the Project Site. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 90 (ninety) days for completion of the Check List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the Construction Completion Date thereof shall be determined by the Independent Engineer in accordance with Good Industry Practice, and such Construction Completion Date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages.