Common use of Performance Tests Clause in Contracts

Performance Tests. 18.1 If Performance Tests are specified in the Scope of Work, this Article shall apply. 18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of Work. 18.3 Unless otherwise stipulated in the Scope of Work: (a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; (b) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance Tests. 18.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. 18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract. EPC Contract 18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test; (b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests. 18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.

Performance Tests. 18.1 19.1 If Performance Tests are specified in the Scope of WorkOwner’s Requirements, this Article shall apply. 18.2 19.2 Performance Tests may be stipulated in the Scope of Work Owner’s Requirements to be performed before, after, or both before and after Functional Completion or Substantial Completion and shall be performed by that party specified in the Scope of WorkOwner’s Requirements. 18.3 19.3 Unless otherwise stipulated in the Scope of Work: (a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; (b) Owner’s Requirements the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance TestsTest Plan. 18.4 19.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. 18.5 19.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement . 19.6 If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall not be deemed promptly provide a notice of such failure to be an acceptance by the Contractor and the Owner of the may: (a) reject such Work or System, or limit or relieve the Contractor of its obligation part thereof, which has failed to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of pass a Performance Test; or (b) conditionally accept such Work or any other provision of this Contract. EPC ContractSystem, or part thereof, on conditions which shall be stated in the notice to the Contractor. 18.6 19.7 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) reimburse the Owner for all the Owner’s direct costs in performing such failed (b) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test; (bc) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests. 18.7 To the extent 19.8 If the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope Owner’s Requirements. 19.9 If any revenue is generated from any of Workthe Performance Tests, such revenue shall be to the account of the Owner.

Performance Tests. 18.1 If Performance Tests are specified in (i) The Agent, the Scope of Work, this Article shall apply. 18.2 Performance Tests may be stipulated in Purchasers and the Scope of Work Owner’s Engineer have the right to be performed before, after, or both before witness and after Functional Completion and shall be performed by that party specified in the Scope of Work. 18.3 Unless otherwise stipulated in the Scope of Work: (a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for verify the Performance Tests; . The Company shall give the Agent and the Owner’s Engineer notice regarding each proposed Performance Test within twenty-four (b24) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) the Contractor shall provide such guidance as specified in the Scope hours of Work during the course any Loan Party’s receipt of notice of such Performance Tests. 18.4 When Test from the Contractor considers that the WorkDesign Builder. If, or upon completion of any System, will pass the Performance Tests, the Contractor Company is of the belief that such Performance Tests have been satisfied, it shall so notify the Owner Agent and the Owner’s Engineer and shall deliver a copy of all test results supporting such conclusion, accompanied by supporting data and calculations, evidencing the Company’s belief that the Contractor may perform Loan Parties and the Design Builder have satisfied their respective obligations with respect to such Performance Tests. If any such Performance Tests have been satisfactorily completed, the Company shall deliver to the Agent a report that indicates the preliminary opinions as to the satisfactory achievement of the Performance Tests on(each a “Performance Test Report”) and the Owner’s Engineer will, or toupon a thorough review of such Performance Test Report, certify in writing to the Agent, within five (5) Business Days of the receipt of such Performance Test Report, the Work or a System. 18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract. EPC Contract 18.6 If the Work or a System, or part thereof, fails one or more satisfactory achievement of the Performance Tests, then the Contractor shall: (a) prepare Tests or deliver a report to the Owner, for Agent and Company setting forth in reasonable detail any objections of the Owner’s approvalEngineer to such Performance Test Report. (ii) Not approve any performance testing plan under any Design Build Contract or the results of any Performance Tests or declare Substantial Completion or Final Completion of any Plant without the prior written consent of the Agent, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that in consultation with the Owner’s review Engineer. (iii) Immediately upon receipt (but no more than one (1) Business Day after receipt thereof from the Design Builder), provide notice to the Agent and approval the Owner’s Engineer if the Design Builder seeks to use a subcontractor not listed on Exhibit L to the relevant Design Build Contract to perform any portion of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes (as defined in such Design Build Contract) in excess of five hundred thousand Dollars ($500,000). If, within two (2) Business Days thereafter, the Performance Test; (b) redo or repair Agent in consultation with the Work or System, or part thereof, and repair any damage Owner’s Engineer objects to the Work or System caused by use of such subcontractor, then the same Company shall cause the Loan Parties to reject such subcontractor in failing to meet the Performance Test, to make accordance with Section 3.5.1 of such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance TestsDesign Build Contract. 18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.

Performance Tests. 18.1 If Performance Tests are specified in the Scope of Work, this Article shall apply. 18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of Work. 18.3 Unless otherwise stipulated in the Scope of Work: (a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; (b) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance Tests. 18.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. 18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract. EPC Contract. 18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test; (b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests. 18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.

Performance Tests. ‌ 18.1 If Performance Tests are specified in the Scope of WorkOwner’s Requirements, this Article shall apply. 18.2 Performance Tests may be stipulated in the Scope of Work Owner’s Requirements to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of WorkOwner’s Requirements. 18.3 Where the Owner’s Requirements stipulate that one or more of the Performance Tests shall be performed after Functional Completion, the Owner shall pay the Contractor for the Work, in accordance with this Contract, upon Functional Completion, and may, as stipulated in the Owner’s Requirements, hold back security until the Work passes the Performance Tests. 18.4 Unless otherwise stipulated in the Scope of WorkOwner’s Requirements: (a) the Owner shall provide the necessary laborlabour, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; (b) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) the Contractor shall provide such guidance as specified in the Scope of Work Owner’s Requirements during the course of such Performance Tests. 18.4 18.5 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. 18.5 18.6 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement . 18.7 If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall not be deemed promptly provide a notice of such failure to be an acceptance by the Contractor and the Owner of the may: (a) reject such Work or System, or limit or relieve the Contractor of its obligation part thereof, which has failed to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of pass a (b) conditionally accept such Work or any other provision of this Contract. EPC ContractSystem, or part thereof, on conditions which shall be stated in the notice to the Contractor. 18.6 18.8 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) reimburse the Owner for all the Owner’s direct costs in performing such failed (b) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test; (bc) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests. 18.7 To the extent 18.9 If the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope Owner’s Requirements. 18.10 If any revenue is generated from any of Workthe Performance Tests, such revenue shall be to the account of the Owner.

Performance Tests. 18.1 If Performance Tests are specified in the Scope of WorkOwner’s Requirements, this Article shall apply. 18.2 . Performance Tests may be stipulated in the Scope of Work Owner’s Requirements to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope Owner’s Requirements. Where the Owner’s Requirements stipulate that one or more of the Performance Tests shall be performed after Functional Completion, the Owner shall pay the Contractor for the Work. 18.3 , in accordance with this Contract, upon Functional Completion, and may, as stipulated in the Owner’s Requirements, hold back security until the Work passes the Performance Tests. Unless otherwise stipulated in the Scope of Work: (a) Owner’s Requirements: the Owner shall provide the necessary laborlabour, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; (b) ; the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) and the Contractor shall provide such guidance as specified in the Scope of Work Owner’s Requirements during the course of such Performance Tests. 18.4 . When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. 18.5 . If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall not be deemed promptly provide a notice of such failure to be an acceptance by the Contractor and the Owner of the may: reject such Work or System, or limit part thereof, which has failed to pass a Performance Test; or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of conditionally accept such Work or any other provision of this ContractSystem, or part thereof, on conditions which shall be stated in the notice to the Contractor. EPC Contract 18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) : reimburse the Owner for all the Owner’s direct costs in performing such failed Performance Tests; prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test; (b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests. 18.7 To the extent . If the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope Owner’s Requirements. If any revenue is generated from any of Workthe Performance Tests, such revenue shall be to the account of the Owner.