Further Tests. If the work of remedying any defect or damage may affect the performance of the Works, the Engineer may require the repetition of any of the tests described in the Contract, including Tests on Completion. The requirement shall be made by notice within 28 days after the defect or damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under sub-clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work.
Further Tests. If repairs or replacements are of such a character as may affect the operation of the Work or any part thereof, Buyer may, within one (1) month after such repair or replacement, give to Seller notice requiring further testing to be conducted, in which case such tests shall be carried out at Seller’s cost and as provided in article 18 (“Performance Testing”).
Further Tests. If the work of remedying of any defect or damage may affect the performance of the Works, the Contract Awarder may require the repetition of any of the tests described in the Contract, including Tests on Completion and/or Tests after Completion. The requirement shall be made by notice within 28 days after the defect or damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work.
Further Tests. 2.5 Sensis may, at its own cost, conduct tests in relation to the Deliverables at any time during the term of this agreement. If such tests reveal that any of the Deliverables are failing or have failed to meet the Acceptance Criteria, Sensis will notify the Consultant and the Consultant must, at its own cost, promptly rectify that failure. Schedule 4 – Initial Cycle Cost Estimate Initial Cycle Display - EPS Regional display [***] Metro display [***] Brand packages [***] ([***] Normalization) subtotal [***] Other Regional incolumn (XML) [***] Metro Incolumn (XML) [***] Business profiles (XML) [***] AdPoint (XML) [***] subtotal [***] Extraction Proposal Includes up to 250,000 Display Display ads [***] Brand Packages [***] Credit of ads [***] Revenue credit [***] Base DKB - Normalizing Proposal includes up to 250,000 Display Display ads [***] Business Profiles [***] Credit of ads [***] Revenue credit [***] Extraction - Other Regional incolumn (XML) [***] Metro incolumn (XML) [***] Business profiles (XML) [***] AdPoint (XML) [***] Base DKB Normalizing- Other Regional incolumn (XML) [***] Metro Incolumn (XML) [***] Brand Packages [***] AdPoint (XML) [***] Non-readable premium – 5% Display [***] Incolumn [***] Subtotal without Websites [***] Initial Payment [***] TOTAL WITHOUT WEBSITES [***] Websites Extraction [***] Normalization [***] TOTAL Websites [***] TOTAL [***]
Further Tests. As part of the work of remedying of any defect or damage after Take Over, Owner (acting reasonably) may require Contractor to test the replaced component or, where reasonably appropriate, related system or subsystem to substantiate that such defect or damage has been properly remedied. The requirement shall be made by notice within 28 days after the defect or damage is remedied. The parties shall use reasonable endeavours to agree upon the nature and extent of the testing reasonably required in the circumstances and in the event that they are unable to agree either party may request the nature and extent of the testing reasonably required in the circumstances be fixed by an expert appointed by the President or nominee of the Institute of Professional Engineers New Zealand and the determination of that expert shall be final and binding upon the parties The agreed or expert determined repeat tests shall be carried out in accordance with the terms applicable to the previous tests at the risk and cost of Contractor with due allowance for degradation as is appropriate. For the avoidance of doubt ARTICLE 12 (Liquidated Damages) shall not apply.
Further Tests. If repairs or replacements are of such a character as may affect the operation of the Facility or any part thereof, PacifiCorp may, within one (1) month after such repair or replacement, give to Developer notice requiring further testing to be conducted, in which case such tests shall be carried out at Developer’s cost and as provided in ARTICLE 18.
Further Tests. If repairs or replacements are of such a character as may affect the operation of the Facility or any part thereof, PacifiCorp may, within one (1) month after such repair or replacement, give to Developer notice requiring further testing to be conducted, in which case such tests shall be carried out at Developer’s cost and as provided in article 18. Developer to Diagnose. Developer shall, if required by PacifiCorp’s Representative in writing and under the direction of PacifiCorp’s Representative, diagnose the cause of any Defect. Unless such Defect or its cause shall be one which Developer would otherwise be responsible for repairing, the costs incurred by Developer in diagnosing such Defect shall, subject to this article 23, be borne by PacifiCorp and added to the Contract Price. Latent Defects. Developer’s liability for Latent Defects shall remain in full force and effect during all phases of the Work for a period beginning on the Substantial Completion Date and ending five (5) years thereafter (the “Latent Defects Liability Period”). If any Latent Defect shall appear in any part of the Work during the Latent Defects Liability Period, such Latent Defect shall be repaired by Developer with all possible speed and at Developer’s sole cost and expense, provided that the Latent Defect existed and would not have been disclosed by a reasonable examination conducted in accordance with Prudent Industry Practice prior to the expiration of the Defects Liability Period. Developer agrees that any examination of the Work undertaken by PacifiCorp at a relevant time shall, in respect of that part of the Work examined, constitute a reasonable examination conducted in accordance with Prudent Industry Practice within the meaning of this Article. During the Latent Defects Liability Period, in the event Developer’s OEM issues any notice, including Technical Information Letters, service bulletins or similar notices recommending replacement or repair of one or more parts of the Equipment and such repair or replacement is necessary for continued safe operation of the Equipment or is issued to address a defect in material, or workmanship (each a “Latent Defect”), Developer shall repair or replace the affected parts in accordance with and subject to all the terms of the Warranty provided that PacifiCorp shall make the affected Work reasonably available for performance of the repairs or modifications and Developer shall cooperate with PacifiCorp in scheduling such modifications or...
Further Tests. If the repairs or replacements are of such a character as may affect the operation of the System or any part thereof, TNCI UK or the Engineer may notify the Contractor that TNCI UK will repeat such tests thereof as were carried out prior to delivery. The Cost reasonably incurred by TNCI UK in participating in the conduct of such Tests shall be deducted from the Supply Price. the Contractor may attend such tests on reasonable notice to TNCI UK.
Further Tests. In case the network compatibility test shows that existing systems are influenced FirstMark shall be finally informed about that. In case FirstMark wants a continuation of the tests shall be charged a fee according to enclosure 7. Devices that were retrofitted after a previous network compatibility test showed that they can not be used shall undergo a new network compatibility test.
Further Tests. If any remedial work undertaken under clause 32.2 affects or is likely to affect the Company’s efficient operations the Company may, within 30 days after completion of the remedial work, notify the Contractor that further Tests are to be made in accordance with clause 25 to identify any further defects, damage or inefficiencies. The costs of such further Tests shall be borne by the Contractor.
