Completion; Acceptance Tests Sample Clauses
The 'Completion; Acceptance Tests' clause defines the process by which a delivered product or service is evaluated to determine if it meets the agreed-upon specifications and requirements. Typically, this involves the customer conducting specific tests or inspections within a set timeframe after delivery, with the supplier required to address any deficiencies identified during this period. This clause ensures that the customer receives a product or service that functions as intended and provides a clear mechanism for resolving issues before final acceptance, thereby reducing the risk of disputes over quality or performance.
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Completion; Acceptance Tests. The Borrower shall (and shall cause each Borrower Party to), subject to the provisions of this Section 5.11, obtain the prior written consent of the Independent Engineer and the Administrative Agent prior to accepting or confirming that each applicable Project has achieved Substantial Completion, and/or Final Completion under the EPC Agreements (as such term is defined therein). Except with respect to Small Projects, prior to accepting or confirming any final acceptance and/or final completion test procedures under the EPC Agreements or the applicable Power Purchase Agreement, the Borrower shall (and shall cause each Borrower Party to) allow the Independent Engineer and the Administrative Agent, at their option, to witness such test procedures and shall provide to the Independent Engineer and the Administrative Agent copies of such test procedures and allow the Independent Engineer and Administrative Agent reasonably sufficient time to review and consult with each applicable Borrower Party in respect thereof and the Borrower shall (and shall cause each Borrower Party to) take into consideration in good faith the Independent Engineer’s and Administrative Agent’s comments in respect thereof; provided that the Independent Engineer and the Administrative Agent will comply with all reasonable safety requirements of each applicable Project or each applicable Project Site whether imposed by contract or Governmental Rule and that no such review and consultation shall be required in respect of test procedures already prescribed by the applicable EPC Agreement or the applicable Power Purchase Agreement. Prior to accepting or confirming that any Project has satisfied any of the final acceptance or final completion tests or met any of the performance guarantees or performance criteria pertaining to such applicable Project, the Borrower shall (and shall cause each Borrower Party to) provide to the Independent Engineer and the Administrative Agent sufficient opportunity to review the written items pertaining thereto and allow the Independent Engineer and Administrative Agent reasonably sufficient time to review and consult with each applicable Borrower Party in respect thereof and the Borrower shall (and shall cause each Borrower Party to) take into consideration in good faith the Independent Engineer’s and Administrative Agent’s comments in respect thereof. Notwithstanding the foregoing, and so long as each Borrower Party has provided the Independent Engineer and the A...
Completion; Acceptance Tests. (a) Neither Borrower shall, without the prior approval of the Required Lenders (after consultation with the Project Engineer), (i) take any action (including any postponement of the Work pursuant to any provision of any Construction Agreement) or fail to take any action which could permit an extension of any guaranteed completion or acceptance date under any Construction Agreement, (ii) accept or confirm that a Project or a stage thereof has been provisionally or finally completed pursuant to any Construction Agreement, (iii) fail to advise any counterparty to a Construction Agreement of any defects, deficiencies or discrepancies of which either Borrower has knowledge, (iv) notify any counterparty to a Construction Agreement that it accepts a punch list, (v) issue, approve or execute any acceptance or completion certificate or otherwise confirm acceptance or completion of a Project or any portion or phase thereof, (vi) waive, defer or reduce any of the requirements of any of the Acceptance Tests, (vii) accept or confirm that a Facility has satisfied any of the Acceptance Tests, or (viii) reject a Facility.
(b) Neither Borrower shall schedule or agree to the scheduling of any Acceptance Tests without at least fifteen (15) days’ prior written notice to the Administrative Agent and the Project Engineer.