Phase I Performance Tests Clause Samples

Phase I Performance Tests. After Contractor has completed Phase I Performance Tests demonstrating compliance with all Phase I Performance Test requirements and Phase I Portion of the Project performance necessary to achieve Phase I Substantial Completion, it shall give Notice to Owner and the Owner Engineer that it nominates such Phase I Performance Tests as a “Completed Phase I Performance Test.” Such Notice will be accompanied by a preliminary test report for such Completed Phase I Performance Test as soon as reasonably practicable but in no event more than 24 hours after the completion of such Completed Phase I Performance Test (or as soon thereafter as such reports are first available to Contractor) providing a summary of the Phase I Performance Tests on which it is based and including all raw data taken during such Phase I Performance Tests, and a final test report within 30 days thereafter. A final Completed Phase I Performance Test report must be delivered to Owner in accordance with Appendix C. Contractor shall include sufficient results of testing in the preliminary test report to allow Owner to reasonably determine that there is a high probability that the final test results will confirm that the applicable conditions of Phase I Substantial Completion have been achieved. As soon as practicable, but in any event within 10 Business Days after receipt of Notice by Owner and the Owner Engineer, Owner shall give Notice to Contractor either concurring with, indication it cannot confirm concurrence, or rejecting the Completed Phase I Performance Test report and stating its reasons for such Notice, as the case may be. Such procedure shall be repeated until Contractor submits a Notice demonstrating Project performance necessary to achieve Phase I Substantial Completion, as applicable. Subject to Article 17, if Contractor’s Notice of a Completed Phase I Performance Test is rejected by Owner, such test shall not constitute a Completed Phase I Performance Test.