Final Performance Test Sample Clauses

Final Performance Test. Upon achieving Substantial Completion, EPC Contractor shall begin a 168 hour Final Performance Test in an effort to meet 100% of the Performance Guarantee levels while demonstrating that the Plant meets the requirements of air and other permits. If after four (4) months from the Substantial Completion Date, or sooner at the EPC Contractor’s option, EPC Contractor has failed to achieve 100% of the Performance Guarantees as set out in Section 8.2 below, EPC Contractor shall pay performance liquidated damages to Owner not to exceed EPC Contractor’s performance liquidated damages cap. Between Substantial Completion and Final Completion, EPC Contractor shall have access to the Plant in order to further adjust, tune and modify the Plant or make the necessary changes to the Plant and without unreasonable disruption to the Owner’s operations and business, and EPC Contractor may re-run Performance Tests in order to meet or exceed the Performance Guarantees. EPC Contractor agrees that the last Performance Test will be the only accepted test to be taken into account to determine if the EPC Contractor has achieved the Performance Guarantees. Upon achieving all permit requirements and 100% of the Performance Guarantees or the EPC Contractor’s payment of performance liquidated damages and completion of all punch list work, final acceptance will be deemed to be met. If due to the unreasonable actions of the Owner, EPC Contractor is prevented from achieving Final Completion or from achieving its Performance Guarantees and such prevention continues for a period in excess of thirty (30) aggregate days, then Final Completion shall be deemed to occur on the thirty-first (31st) aggregate day. EPC Contractor shall provide Owner with 3 days written notice prior to deeming Final Completion achieved under this clause.