Common use of Notice of Testing Clause in Contracts

Notice of Testing. Contractor shall give Owner's Representative at least three (3) days' notice prior to the date(s) on which Contractor will be ready to perform the initial Performance Tests under SCHEDULE D (Performance Tests); provided that for any repeated test the notice period shall be at least twenty-four (24) hours before the time established by Contractor for such test. Owner's Representative shall be entitled to have, at its own cost, a suitably qualified independent party present during all such tests. If Owner's Representative and/or such independent party fails to attend at the time and place appointed for the tests, Contractor shall be entitled to proceed with the tests in the Owner's Representative's and/or such party's absence. The tests shall then be deemed to have been made in the presence of the Owner's Representative and such party and the results of the tests shall except for manifest error be accepted as accurate. Reporting the results of the tests shall be in accordance with the requirements of SCHEDULE D (Performance Tests). If any aspect of the Works fails to pass any test, the Owner's Representative may require such test to be repeated on the same terms and conditions and such testing shall be executed by Contractor.

Notice of Testing. Contractor shall give Owner's Representative at least three 14 (3fourteen) days' notice prior to the date(s) on which Contractor will be ready to perform the initial Performance Tests Substantial Completion and Final Acceptance tests under SCHEDULE D (Performance Tests)Exhibit D; provided that for any repeated test the notice period shall be at least twenty-four (24) hours before the time established by Contractor for such test. Owner's Representative shall be entitled to have, at its own cost, a suitably qualified independent party present during all such tests. If Owner's Representative and/or such independent party fails to attend at the time and place appointed for the tests, Contractor shall be entitled to proceed with the tests in the Owner's Representative's and/or such party's absence. The tests shall then be deemed to have been made in the presence of the Owner's Representative and such party and the results of the tests shall except for manifest error be accepted as accurate. Reporting the results Contractor shall make copies of the tests shall be in accordance with test results available to the requirements Owner's Representative as soon as reasonably practicable after completion of SCHEDULE D (Performance Tests)such tests. If any aspect of the Works fails major equipment items fail to pass any test, the Owner's Representative may require request such test to be repeated on the same terms and conditions and such Contractor shall determine whether or not repeated testing shall be executed by Contractorexecuted.