Common use of Trial Operations Clause in Contracts

Trial Operations. (a) Within 1 day of the issuance of the Construction Completion Certificate to the Concessionaire, the Concessionaire shall commence the Trial Operations of the Facilities and the Associated Infrastructure in accordance with the Trial Operation Procedures to determine whether the Facilities and the Associated Infrastructure meet the KPIs on a continuous basis and are fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement. The Jal ▇▇▇▇▇ shall ensure that adequate quantity of Sewage is delivered to the Facilities and the Associated Infrastructure during the Trial Operations to enable the Concessionaire to demonstrate that the Facilities and the Associated Infrastructure meet the Technical Specifications and the KPIs. (b) During the Trial Operations, the Jal ▇▇▇▇▇ shall or shall cause the Project Engineerto monitor the performance of the Facilities and the Associated Infrastructure on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluentwith the Discharge Standards every 7 days to ensure that the Facilities meet the KPIs. If the Jal ▇▇▇▇▇, or, as the case may be, theProject Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facilities and/or the Associated Infrastructure, the Jal ▇▇▇▇▇ shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. (c) After the expiry of 3 months from the date of commencement of Trial Operations or after the rectification of the defects and deficiencies in the Facilities and/or the Associated Infrastructure identified by the Jal ▇▇▇▇▇ or the Project Engineer during the Trial Operations, whichever is later, the Concessionaire shall issue a notice to the Jal ▇▇▇▇▇ stating that the Trial Operations have been successfully completed. The Jal Nigamshall have the right to undertake a final inspection of the Facilities and the Associated Infrastructure within 5 days of a notice being issued by the Concessionaire. (d) If the Jal ▇▇▇▇▇ is satisfied that the Facilities and the Associated Infrastructuremeet the KPIs and the Technical Specifications, and are capable of safe and reliable operations,then, the Jal Nigamshall issue the Trial Operations Completion Certificate to the Concessionaire within 7 days of the Jal ▇▇▇▇▇ undertaking a final inspection of the Facilities and the Associated Infrastructure pursuant to Clause 7.14(c) above. (e) If the Jal ▇▇▇▇▇ is of the opinion that the defects and deficiencies in the Facilities and/or the Associated Infrastructure have not been adequately rectified or that the Facilities and the Associated Infrastructure do not comply with the KPIs and/or Technical Specifications, then the Jal ▇▇▇▇▇ shall reject the Facilities and terminate this Agreement. Upon termination of this Agreement, in accordance with this Clause 7.14(e), the consequences set out in Article 17 shall follow. (f) If the Trial Operations are not successfully completed (including the rectification of any defects or deficiencies identified by the Jal ▇▇▇▇▇ during the Trial Operations) and/or the Concessionaire fails to issue a notice to the Jal ▇▇▇▇▇ in accordance with Clause 7.14(c) above on or prior to the Scheduled COD, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 shall follow. (g) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.

Trial Operations. (a) Within Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the Construction Completion Certificate for the relevant Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the Facilities and the Associated Infrastructure relevant Facility in accordance with the Trial Operation Procedures to determine whether the Facilities and the Associated Infrastructure meet Facility meets the KPIs on a continuous basis and are is fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement. . (b) The Jal ▇▇▇▇▇ Executive Agency shall ensure that adequate quantity of Sewage is delivered to the Facilities and the Associated Infrastructure during the Trial Operations to enable the Concessionaire to demonstrate that the Facilities and the Associated Infrastructure meet Facility meets the Technical Specifications and the KPIs. (bc) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant Facility, then the Concessionaire shall promptly notify the Executive Agency. If in the opinion of the Executive Agency, the quantity or quality of Sewage is not adequate to undertake Trial Operations, then the Executive Agency shall extend the time period for the Trial Operations. In such case, the Scheduled COD will also be extended on a day-for-day basis, provided that the Scheduled COD shall not be extended beyond the date which is 6 months from the Construction Completion Date. (d) During the Trial Operations, the Jal ▇▇▇▇▇ Executive Agency shall or shall cause the Project Engineerto Engineer to monitor the performance of the Facilities and the Associated Infrastructure Facility on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluentwith Effluent with the Discharge Standards every 7 days 7days to ensure that the Facilities meet Facility meets the KPIs. . (e) If the Jal ▇▇▇▇▇Executive Agency, or, as the case may be, theProject the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facilities and/or the Associated InfrastructureFacility, the Jal ▇▇▇▇▇ Executive Agency shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant Facility consistently achieves the KPIs for 20 consecutive days. (cf) After If the expiry of 3 months from Concessionaire has been able to consistently achieve the date of commencement of Trial Operations or after the rectification of the defects and deficiencies in the Facilities and/or the Associated Infrastructure identified KPIs for 20 consecutive days (as supported by the Jal ▇▇▇▇▇ or the Project Engineer during the Trial Operations, whichever is laterdaily reports), the Concessionaire shall issue a notice to the Jal ▇▇▇▇▇ stating that Executive Agency requiring the Trial Operations have been successfully completed. The Jal Nigamshall have the right Executive Agency to undertake a final inspection of the Facilities and Facility. The Executive Agency shall have the Associated Infrastructure right to undertake such final inspection within 5 days of a notice being issued by the Concessionaire. (dg) If If, upon final inspection, the Jal ▇▇▇▇▇ Executive Agency is satisfied that the Facilities and the Associated Infrastructuremeet Facility meets the KPIs and the Technical Specifications, and are capable of safe and reliable operations,, then, the Jal Nigamshall Executive Agency shall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days of the Jal ▇▇▇▇▇ Executive Agency undertaking a final inspection of the Facilities and the Associated Infrastructure Facility pursuant to Clause 7.14(c7.14(e) above. (eh) If If, upon final inspection, the Jal ▇▇▇▇▇ is of the opinion Executive Agency believes that the defects and deficiencies in the Facilities and/or the Associated Infrastructure have not been adequately rectified or that the Facilities and the Associated Infrastructure do relevant Facility does not comply with the KPIs and/or Technical Specifications, then the Jal ▇▇▇▇▇ shall reject the Facilities and terminate this Agreement. Upon termination other than due to: (i) volume of this Agreement, in accordance with this Clause 7.14(e), the consequences set out in Article 17 shall follow. (f) If the Trial Operations are not successfully completed (including the rectification of any defects or deficiencies identified by the Jal ▇▇▇▇▇ during Sewage being inadequate to conduct the Trial Operations) and/or the Concessionaire fails to issue a notice to the Jal ▇▇▇▇▇ in accordance with Clause 7.14(c) above on or prior to the Scheduled COD, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 shall follow. (g) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.; or

Trial Operations. (a) Within Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the STP Construction Completion Certificate for the relevant STP Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the Facilities and the Associated Infrastructure relevant STP Facility in accordance with the Trial Operation Procedures to determine whether the Facilities and the Associated Infrastructure meet STP Facility meets the KPIs on a continuous basis and are is fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Concession Agreement. The Jal ▇▇▇▇▇ . (b) BUIDCO and Concessionaire shall ensure that adequate quantity of Sewage is delivered to the STP Facilities and the Associated Infrastructure during the Trial Operations to enable the Concessionaire to demonstrate that the Facilities and the Associated Infrastructure meet Facility meets the Technical Specifications and the KPIs. (bc) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant STP Facility, and the reason for inadequate quantity or quality is not attributable to the Concessionaire, then the Concessionaire shall promptly notify BUIDCO. If in the opinion of BUIDCO, the quantity or quality of Sewage is not adequate to undertake Trial Operations for reasons not attributable to the Concessionaire, then BUIDCO shall extend the time period for the Trial Operations. In such case, the Trial Operations period will also be extended on a day-for-day basis, uptill the relevant Scheduled COD. (d) During the Trial Operations, the Jal ▇▇▇▇▇ shall BUIDCO shall, or shall cause the Project Engineerto Engineer to, monitor the performance of the Facilities and the Associated Infrastructure STP Facility on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluentwith Effluent with the Discharge Standards every 7 days to ensure that the Facilities meet STP Facility meets the KPIs. If the Jal ▇▇▇▇▇BUIDCO, or, as the case may be, theProject the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facilities and/or the Associated InfrastructureSTP Facility, the Jal ▇▇▇▇▇ BUIDCO shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant STP Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant STP Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant STP Facility consistently achieves the KPIs for 20 consecutive days. (ce) After If the expiry of 3 months from Concessionaire has been able to consistently achieve the date of commencement of Trial Operations or after the rectification of the defects and deficiencies in the Facilities and/or the Associated Infrastructure identified KPIs for 20 consecutive days (as supported by the Jal ▇▇▇▇▇ or the Project Engineer during the Trial Operations, whichever is laterdaily reports), the Concessionaire shall issue a notice to the Jal ▇▇▇▇▇ stating that the Trial Operations have been successfully completed. The Jal Nigamshall have the right BUIDCO requiring BUIDCO to undertake a final inspection of the Facilities and STP Facility. BUIDCO shall have the Associated Infrastructure right to undertake such final inspection within 5 days of a notice being issued by the Concessionaire. (df) If the Jal ▇▇▇▇▇ If, upon final inspection, BUIDCO is satisfied that the Facilities and the Associated Infrastructuremeet STP Facility meets the KPIs and the Technical Specifications, and are capable of safe and reliable operations,, then, the Jal Nigamshall BUIDCO shall issue the Trial Operations Completion Certificate for the relevant STP Facility to the Concessionaire within 7 days of the Jal ▇▇▇▇▇ BUIDCO undertaking a final inspection of the Facilities and the Associated Infrastructure STP Facility pursuant to Clause 7.14(c7.14(e) above. (eg) If the Jal ▇▇▇▇▇ is of the opinion If, upon final inspection, BUIDCO believes that the defects and deficiencies in the Facilities and/or the Associated Infrastructure have not been adequately rectified or that the Facilities and the Associated Infrastructure do relevant STP Facility does not comply with the KPIs and/or Technical Specifications, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) the quality or characteristics of the Sewage being beyond the Influent Standards; due to reasons attributable to the Concessionaire then the Jal ▇▇▇▇▇ BUIDCO shall reject the Facilities STP Facility and terminate this Concession Agreement. Upon termination of this Concession Agreement, in accordance with this Clause 7.14(e7.14(g), the consequences set out in Article 17 16 shall follow. (fh) If BUIDCO: (i) does not undertake a final inspection of the relevant STP Facility within 5 days of receipt of a notice from the Concessionaire under Clause 7.14(e); or (ii) fails to notify the Concessionaire of any defects in the relevant STP Facility within 7 days of undertaking a final inspection; or (iii) fails to issue a Trial Operations Completion Certificate within 7 days from the date of the final inspection, then the Trial Operations shall be deemed to have been successfully completed for such STP Facility and the Trial Operations Completion Certificate will be deemed to have been issued to the Concessionaire upon the expiry of the 5 days period (in case of (i)) and upon the expiry of the 7 day period (in case of (ii) and (iii)). (i) If the Trial Operations are not successfully completed (including the rectification of any defects or deficiencies identified by the Jal ▇▇▇▇▇ during the Trial Operations) and/or the Concessionaire fails to issue a notice to the Jal ▇▇▇▇▇ in accordance with BUIDCO under Clause 7.14(c7.14(e) above on or prior to the Scheduled COD, as may be extended in accordance with Clause 7.14(c), for any Facility, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 16 shall follow. (gj) Notwithstanding anything contained in Clause 7.14(h), if the Concessionaire fails to successfully complete the Trial Operations for the relevant STP Facility within the Trial Operations period as may have been extended in accordance with Clause 7.14(c), due to the: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) quality or characteristics of the Sewage being beyond the Influent Standards, for any STP Facility, then such failure will be treated as a BUIDCO Event of Default, and the consequences set out at Article 16 shall follow. (k) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.

Trial Operations. (a) Within Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the Construction Completion Certificate for the relevant Facility to the Concessionaire, the Concessionaire shall commence the Trial Operations of the Facilities and the Associated Infrastructure relevant Facility in accordance with the Trial Operation Procedures to determine whether the Facilities and the Associated Infrastructure meet Facility meets the KPIs on a continuous basis and are is fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement. . (b) The Jal ▇▇▇▇▇ shall ensure that adequate quantity of Sewage is delivered to the Facilities and the Associated Infrastructure during the Trial Operations to enable the Concessionaire to demonstrate that the Facilities and the Associated Infrastructure meet Facility meets the Technical Specifications and the KPIs. (bc) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the relevant Facility, then the Concessionaire shall promptly notify the Jal ▇▇▇▇▇. If in the opinion of the Jal ▇▇▇▇▇, the quantity or quality of Sewage is not adequate to undertake Trial Operations, then the Jal ▇▇▇▇▇ shall extend the time period for the Trial Operations. In such case, the Scheduled COD will also be extended on a day- for-day basis, provided that the Scheduled COD shall not be extended beyond the date which is 6 months from the Construction Completion Date. (d) During the Trial Operations, the Jal ▇▇▇▇▇ shall or shall cause the Project Engineerto Engineer to monitor the performance of the Facilities and the Associated Infrastructure Facility on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and the Treated Effluentwith Effluent with the Discharge Standards every 7 days to ensure that the Facilities meet Facility meets the KPIs. If the Jal ▇▇▇▇▇, or, as the case may be, theProject the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facilities and/or the Associated InfrastructureFacility, the Jal ▇▇▇▇▇ shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the relevant Facility consistently and continuously meets the KPIs during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the relevant Facility fails to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the relevant Facility consistently achieves the KPIs for 20 consecutive days. (ce) After If the expiry of 3 months from Concessionaire has been able to consistently achieve the date of commencement of Trial Operations or after the rectification of the defects and deficiencies in the Facilities and/or the Associated Infrastructure identified KPIs for 20 consecutive days (as supported by the Jal ▇▇▇▇▇ or the Project Engineer during the Trial Operations, whichever is laterdaily reports), the Concessionaire shall issue a notice to the Jal ▇▇▇▇▇ stating that requiring the Trial Operations have been successfully completed. The Jal Nigamshall have the right ▇▇▇▇▇ to undertake a final inspection of the Facilities and Facility. The Jal ▇▇▇▇▇ shall have the Associated Infrastructure right to undertake such final inspection within 5 days of a notice being issued by the Concessionaire. (df) If If, upon final inspection, the Jal ▇▇▇▇▇ is satisfied that the Facilities and the Associated Infrastructuremeet Facility meets the KPIs and the Technical Specifications, and are capable of safe and reliable operations,, then, the Jal Nigamshall ▇▇▇▇▇ shall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days of the Jal ▇▇▇▇▇ undertaking a final inspection of the Facilities and the Associated Infrastructure Facility pursuant to Clause 7.14(c7.14(e) above. (eg) If If, upon final inspection, the Jal ▇▇▇▇▇ is of the opinion believes that the defects and deficiencies in the Facilities and/or the Associated Infrastructure have not been adequately rectified or that the Facilities and the Associated Infrastructure do relevant Facility does not comply with the KPIs and/or Technical Specifications, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) the quality or characteristics of the Sewage being beyond the Influent Standards, then the Jal ▇▇▇▇▇ shall reject the Facilities Facility and terminate this Agreement. Upon termination of this Agreement, in accordance with this Clause 7.14(e7.14(g), the consequences set out in Article 17 shall follow. (fh) If the Jal ▇▇▇▇▇: (i) does not undertake a final inspection of the relevant Facility within 5 days of receipt of a notice from the Concessionaire under Clause 7.14(e); or (ii) fails to notify the Concessionaire of any defects in the relevant Facility within 7 days of undertaking a final inspection; or (iii) fails to issue a Trial Operations Completion Certificate within 7 days from the date of the final inspection, then the Trial Operations shall be deemed to have been successfully completed for such Facility and the Trial Operations Completion Certificate will be deemed to have been issued to the Concessionaire upon the expiry of the 5 days period (in case of (i)) and upon the expiry of the 7 day period (in case of (ii) and (iii)). (i) If the Trial Operations are not successfully completed (including the rectification of any defects or deficiencies identified by the Jal ▇▇▇▇▇ during the Trial Operations) and/or the Concessionaire fails to issue a notice to the Jal ▇▇▇▇▇ in accordance with under Clause 7.14(c7.14(e) above on or prior to the Scheduled COD, as may be extended in accordance with Clause 7.14(c), for any Facility, then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 shall follow. (gj) Notwithstanding anything contained in Clause 7.14(h), if the Concessionaire fails to successfully complete the Trial Operations for the relevant Facility on or prior to the Scheduled COD, as may be extended in accordance with Clause 7.14(c), due to the: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) quality or characteristics of the Sewage being beyond the Influent Standards, for any Facility, then such failure will be treated as a Jal ▇▇▇▇▇ Event of Default, and the consequences set out at Article 17 shall follow. (k) The Concessionaire will not be entitled to any O&M Payments or any other payment for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.

Trial Operations. (a) Within Subject to Clause 7.14(c) below, within 1 day of the issuance or deemed issuance of the Mirzapur Construction Completion Certificate to the ConcessionaireCertificate, the Concessionaire shall commence the Trial Operations of the Facilities and the Associated Infrastructure Mirzapur Facilities, in accordance with the Trial Operation Procedures to determine whether the Mirzapur Facilities and the Associated Infrastructure meet the KPIs KPIs, on a continuous basis and are fit and ready to be placed into commercial operations for treatment and disposal of Sewage in accordance with this Agreement. . (b) The Jal ▇▇▇▇▇ shall ensure that adequate quantity of Sewage is delivered to the Mirzapur Facilities and the Associated Infrastructure during the Trial Operations to enable the Concessionaire to demonstrate that the Facilities and the Associated Infrastructure Mirzapur Facilities, meet the Technical Specifications and the KPIs. (bc) If the Concessionaire fails to commence or continue the Trial Operations, due to the inadequate quantity or inferior quality of the Sewage delivered to the Mirzapur Facilities, as the case may be, then the Concessionaire shall promptly notify the Jal ▇▇▇▇▇. If in the opinion of the Jal ▇▇▇▇▇, the quantity or quality of Sewage is not adequate to undertake Trial Operations for the Mirzapur Facilities, then the Jal ▇▇▇▇▇ shall extend the time period for the Trial Operations of the relevant Facilities. In such case, the Scheduled Mirzapur Facilities COD will also be extended on a day-for-day basis, provided that the Scheduled Mirzapur Facilities COD shall not be extended beyond the date which is 6 months from the Mirzapur Construction Completion Date. (d) During the Trial Operations, the Jal ▇▇▇▇▇ shall or shall cause the Project Engineerto Engineer to monitor the performance of the Facilities and the Associated Infrastructure Mirzapur Facilities, on a regular basis and shall have the right to test the compliance of the incoming Sewage with the Influent Standards and test the compliance of the STP By-Products and Products, the Treated Effluentwith Effluent, with the Discharge Standards Standards, every 7 days to ensure that the Mirzapur Facilities meet the KPIs. Technical Specifications. (e) If the Jal ▇▇▇▇▇, or, as the case may be, theProject the Project Engineer is of the view that: (i) the Trial Operations are not being conducted in accordance with the Trial Operations Procedure; or (ii) there are any defects or deficiencies in the Facilities and/or Mirzapur Facilities, as the Associated Infrastructurecase may be, the Jal ▇▇▇▇▇ shall instruct the Concessionaire to follow the Trial Operation Procedures and/or rectify the defects and deficiencies to ensure compliance with the KPIs, where applicable. It is clarified that no Availability Liquidated Damages or Performance Liquidated Damages in respect of the Mirzapur Facilities are payable by the Concessionaire during the Trial Operations period for a failure to achieve the KPIs. However, for the Trial Operations to be successfully concluded, the Concessionaire must demonstrate that the Mirzapur Facilities, consistently and continuously meet the KPIs, during the last 20 days of the 3 months Trial Operations period, as may be extended in accordance with Clause 7.14(c) above. If the Mirzapur Facilities fail to achieve the KPIs on a continuous basis during the last 20 days of the initial 3 months Trial Operations period (as extended in accordance with Clause 7.14(c)), then the Trial Operations period shall be extended by another 20 days. Subject to Clause 7.14(i), the Trial Operations shall continue until the Concessionaire can demonstrate that the Mirzapur Facilities, consistently achieve the KPIs, for 20 consecutive days. (cf) After If the expiry of 3 months from Concessionaire has been able to consistently achieve the date of commencement of Trial Operations or after the rectification of the defects and deficiencies in the Facilities and/or the Associated Infrastructure identified KPIs for 20 consecutive days (as supported by the Jal ▇▇▇▇▇ or the Project Engineer during the Trial Operations, whichever is later, daily reports) the Concessionaire shall issue a notice to the Jal ▇▇▇▇▇ stating that requiring the Trial Operations have been successfully completed. The Jal Nigamshall have the right ▇▇▇▇▇ to undertake a final inspection of the Facilities and Mirzapur Facilities. The Jal ▇▇▇▇▇ shall have the Associated Infrastructure right to undertake such final inspection within 5 days Business Days of a notice being issued by the Concessionaire. (dg) If If, upon final inspection, the Jal ▇▇▇▇▇ is satisfied that the Facilities and Mirzapur Facilities, as the Associated Infrastructuremeet the KPIs and case may be, meet the Technical Specifications, and are capable of safe and reliable operations,, then, the Jal Nigamshall ▇▇▇▇▇ shall issue the Trial Operations Completion Certificate for the relevant Facility to the Concessionaire within 7 days Business Days of the Jal ▇▇▇▇▇ undertaking a final inspection of the Facilities and Mirzapur Facilities, as the Associated Infrastructure case may be, pursuant to Clause 7.14(c7.14(e) above. (eh) If If, upon final inspection, the Jal ▇▇▇▇▇ is of believes the opinion that the defects and deficiencies in the Mirzapur Facilities and/or the Associated Infrastructure have not been adequately rectified or that the Facilities and the Associated Infrastructure do not comply with the KPIs Technical Specifications and/or Technical Specificationsthe KPIs, other than due to: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) the quality or characteristics of the Sewage being beyond the Influent Standards, then the Jal ▇▇▇▇▇ shall reject the Mirzapur Facilities and terminate this Agreement. Upon termination of this Agreement, in accordance with this Clause 7.14(e7.14(h), the consequences set out in Article 17 16 shall follow. (fi) If the Trial Operations are not successfully completed (including the rectification of any defects or deficiencies identified by the Jal ▇▇▇▇▇ during ▇: (i) does not undertake a final inspection of the Mirzapur Facilities within 5 Business Days of receipt of a notice from the Concessionaire under Clause 7.14(e); or (ii) fails to notify the Concessionaire of any defects in the Mirzapur Facilities within 7 Business Days of undertaking a final inspection; or (iii) fails to issue a Trial Operations Completion Certificate within 7 Business Days from the date of the final inspection, then the Trial OperationsOperations shall be deemed to have been successfully completed and the Trial Operations Completion Certificate for the relevant Facility will be deemed to have been issued to the Concessionaire upon the expiry of the 5 Business Days period (in case of (i)) and upon the expiry of the 7 Business Day period (in case of (ii) and (iii)). (j) If the Trial Operations of the Mirzapur Facilities, are not successfully completed and/or the Concessionaire fails to issue a notice to the Jal ▇▇▇▇▇ in accordance with under Clause 7.14(c7.14(e) above on or prior to the Scheduled Mirzapur Facilities COD, respectively, as may be extended in accordance with Clause 7.14(c), then such failure shall be treated as a Concessionaire Event of Default and the consequences set out at Article 17 16 shall follow. (gk) Notwithstanding anything contained in Clause 7.14(j), if the Concessionaire fails to successfully complete the Trial Operations of the Mirzapur Facilities on or prior to the Scheduled Mirzapur Facilities COD, as may be extended in accordance with Clause 7.14(c), due to the: (i) volume of Sewage being inadequate to conduct the Trial Operations; or (ii) quality or characteristics of the Sewage being beyond the Influent Standards, then such failure will be treated as a Jal ▇▇▇▇▇ Event of Default, and the consequences set out at Article 16 shall follow. (l) The Concessionaire will not be entitled to any O&M Payments or any other payment for the Mirzapur Facilities, for conducting the Trial Operations, which shall be carried out solely at the cost and risk of the Concessionaire.