Common use of Trial Operation Clause in Contracts

Trial Operation. (a) After the completion of Ordered Performance, the Contractor will invite the Customer in writing to commence a Trial Operation, a proposal for the testing scenario being part of such invitation. The time limit for the commencement of the Trial Operation will be five (5) Working Days after approval of the testing scenario by the Customer, unless otherwise agreed to between the Parties. If carrying out of Installation and/or Implementation and/or Integration forms part of the Ordered Performance, the Contractor will carry out those activities no later than on the day preceding the day of commencement of the Trial Operation. (b) If the Customer fails to appear for the commencement of the Trial Operation within the deadline set for its carrying out and fails to do so even within an additional period of three (3) Working Days from the Contractor’s repeated written invitation, the Trial Operation will be deemed to have been concluded without any Defects. (c) The Parties will write a record of the Trial Operation. (d) If it is ascertained during the Trial Operation that the number of Defects does not exceed the following acceptance criteria: (i) Category A Defects … 0 (ii) Category B Defects … 1 the Contractor will be entitled to invite the Customer to accept the Ordered Performance and the Customer will be obliged to accept the Ordered Performance. (e) If it results from the record of the performed Trial Operation that the Ordered Performance does not meet the acceptance criteria specified in Art. (d) hereof, the Contractor undertakes to remove detected Defects and, after removing them, to invite the Customer to commence the Trial Operation, Art.

Trial Operation. (ai) After the completion of the Ordered Performance, the Contractor will shall invite the Customer in writing to commence a the Trial Operation, a proposal for the testing scenario being part of such invitation. The time limit for the commencement of the Trial Operation will shall be five ten (510) Working Days after approval of the testing scenario by the Customer, unless otherwise agreed to between the PartiesParties in writing. If carrying out of Installation and/or Implementation and/or Integration forms part of the Ordered Performance, the Contractor will shall carry them out those activities no later than on the day preceding the day of commencement of the Trial Operation. (bii) If the Customer fails to appear for the commencement of the Trial Operation within the deadline set for its carrying out and fails to do so even within an additional period of three (3) Working Days from the Contractor’s repeated written invitation, the Trial Operation will shall be deemed to have been concluded terminated without any Defects. (ciii) The Parties will shall write a record of the performed Trial Operation, which shall be signed by the authorized persons of both Parties. (div) If it is ascertained during the Trial Operation that the number of Defects does not exceed the following acceptance criteria: (i) : Category A Defects … 0 (ii) 0 Category B Defects … 1 0 Category C Defects 3 the Contractor will shall be entitled to invite the Customer to accept the Ordered Performance and the Customer will shall be obliged to accept the Ordered Performance. (ev) If it results from the record of the performed Trial Operation that the Ordered Performance does not meet the acceptance criteria specified in Art. (d5.4.3(iv) hereof, the Contractor undertakes to remove detected Defects and, after removing them, to invite the Customer to commence the Trial Operation, Art. 5.4.3 hereof being applied mutatis mutandis. This process of testing and subsequent removing of Defects shall be repeated until the Contractor meets the acceptance criteria specified in Art. 5.4.3(iv) hereof.