Common use of Test Performance Clause in Contracts

Test Performance. Test performance will be subject to the following rules: a) The Head of Evidence will conduct and monitor the tests and report on test conditions. He/she will also be responsible for all measurements, computation of results and final report preparation. His/her decision will be decisive regarding any issue concerning the test or its performance. The tests shall be conducted in accordance with the COES procedures and instructions. Testing of the optical fiber system shall follow the technical specifications set forth in Annex No. 5, Telecommunications, of this Agreement. b) The Concessionaire shall provide all reasonable facilities to the Inspector to obtain actual, complete and acceptable data regarding all parts of the equipment related to the transmission of electrical energy in the Project. In addition, the Inspector must have physical access to all components, related to electromechanical equipment in the Project. c) The main Project components will be inspected, at Inspector request, before the beginning of the test. d) At the end of each test and within acceptance levels, a test record will be drafted, which ends the process. Each record shall contain: (i) the list of personnel of the Parties, the OSINERGMIN representatives, and the inspector who participated in the tests; (ii) the protocol of tests carried out with their results; also, of tests not carried out with the corresponding waiver; And, iv) other information that the Concessionaire, OSINERGMIN and/or the Inspector deem pertinent. e) In case the Inspector and/or OSINERGMIN consider that the result is not satisfactory, as established in the test reports, the Concessionaire will proceed to make the corresponding correction. The new test will be done only at the point or at the points that were not satisfactory. The Grantor and/or OSINERGMIN may not request new tests or inspections, or observe or reject their results, in case their representatives have not attended such tests or inspections. Once the tests have been completed, the Head of Evidence will send the pertinent minutes to the COES, duly approved by the Inspector, so that the Inspector will proceed to start the commissioning program for each Project component. f) Upon completion of all tests, the Head of Evidence will prepare and submit a final report to the Inspector, OSINERGMIN and the Grantor, with details on calculation and presentation of results. The Inspector must approve the final report within a maximum period of Ten (10) Days following delivery of said document. The verification procedure referred to in this annex shall be deemed to have been complied with when OSINERGMIN approves said final report, which shall occur within a maximum period of ten (10) Days of submission of the final report by the Inspector. No response will mean report approval. In case OSINERGMIN makes observations to the final report, proceed as follows: i. If, according to the evaluation by OSINERGMIN, the observations can be solved, the Concessionaire must address them within the period defined by OSINERGMIN and the start of the experimental operation may be continued. ii. If, according to the evaluation carried out by OSINERGMIN, the observations are deemed as not solvable, they must be addressed before the start of the experimental operation. In this situation, the deadline for final report approval will be suspended as from notification of observations, by Osinergmin, until they are addressed by the Concessionaire.

Test Performance. Test performance will be subject to the following rules: a) The Head of Evidence will conduct and monitor the tests and report on test conditions. He/she will also be responsible for all measurements, computation of results and final report preparation. His/her decision will be decisive regarding any issue concerning the test or its performance. The tests shall be conducted in accordance with the COES procedures and instructions. Testing of the optical fiber system shall follow the technical specifications set forth in Annex No. 5, Telecommunications, of this Agreement. b) The Concessionaire shall provide all reasonable facilities to the Inspector to obtain actual, complete and acceptable data regarding all parts of the equipment related to the transmission of electrical energy in the Project. In addition, the Inspector must have physical access to all components, related to electromechanical equipment in the Project. c) The main Project components will be inspected, at Inspector request, before the beginning of the testtests. d) At the end of each test and within acceptance levels, a test record will be drafted, which ends the process. Each record shall contain: (i) the list of personnel of the Parties, the OSINERGMIN representatives, and the inspector who participated in the tests; (ii) the protocol of tests carried out with their results; also, of tests not carried out with the corresponding waiver; And, iv) other information that the Concessionaire, OSINERGMIN and/or the Inspector deem pertinent. e) In case the Inspector and/or OSINERGMIN consider that the result is not satisfactory, as established in the test reports, the Concessionaire will proceed to make the corresponding correction. The new test will be done only at the point or at the points that were not satisfactory. The Grantor and/or OSINERGMIN may not request new tests or inspections, or observe or reject their results, in case their representatives have not attended such tests or inspections. Once the tests have been completed, the Head of Evidence will send the pertinent minutes to the COES, duly approved by the Inspector, so that the Inspector will proceed to start the commissioning program for each Project component. f) Upon completion of all tests, the Head of Evidence will prepare and submit a final report to the Inspector, OSINERGMIN and the Grantor, with details on calculation and presentation of results. The Inspector must approve the final report within a maximum period of Ten (10) Days following delivery of said document. The verification procedure referred to in this annex shall be deemed to have been complied with when OSINERGMIN approves said final report, which shall occur within a maximum period of ten (10) Days of submission of the final report by the Inspector. No response will mean report approval. In case OSINERGMIN makes observations to the final report, proceed as follows: i. If, according to the evaluation by OSINERGMIN, the observations can be solved, the Concessionaire must address them within the period defined by OSINERGMIN and the start of the experimental operation may be continued. ii. If, according to the evaluation carried out by OSINERGMIN, the observations are deemed as not solvable, they must be addressed before the start of the experimental operation. In this situation, the deadline for final report approval will be suspended as from notification of observations, by Osinergmin, until they are addressed by the Concessionaire.