Common use of Performance Tests Clause in Contracts

Performance Tests. Provided the DB Project and all DB Project systems included therein are capable of safe and continuous operation in accordance with the Standard of Care, the Operating Manual, the Performance Guarantees, the Technical Requirements and the Contract Documents, subject to Concessionaire’s Approval, Contractor shall conduct the Performance Tests. At least sixty (60) days prior to the date Contractor wishes to commence a Performance Test, Contractor shall provide to Concessionaire, for Concessionaire’s Approval and approval of the Independent Engineer, complete test procedures developed in accordance with the Performance Testing and Commissioning Plan and Program. Thereafter, Contractor shall give Concessionaire, the Department and the Independent Engineer at least five (5) Business Days’ prior written notice of the date on which Contractor intends to commence each Performance Test. A Performance Test shall consist of the operation of the equipment and applicable systems included in the DB Work necessary for operation of the HOT Lanes in accordance with the Contract Documents and the Performance Testing and Commissioning Plan and Program. Concessionaire shall designate and make available qualified and authorized representatives to observe the Performance Tests and to monitor the taking of measurements to determine the level of achievement of the Performance Guarantees, all in accordance with the Contract Documents and the Performance Testing and Commissioning Plan and Program. The Department will be included in such Performance Tests for purposes of demonstrating effective information transfer across system interfaces, where applicable. Contractor shall not attempt to perform a Performance Test if any Commissioning, start-up or initial test procedures have not been completed as required prior to the Performance Test or any aspect of the DB Project has not been completed sufficiently to assure the safe and continuous operation of all or any part of the DB Project during the Performance Test in accordance with the Standard of Care, the Operating Manual, the Contract Documents and the Performance Testing and Commissioning Plan and Program.

Performance Tests. Provided the DB TTMS Project and all DB TTMS Project systems included therein are capable of safe and continuous operation in accordance with the Standard of Care, the Operating Manual, the Performance Guarantees, the Technical Requirements Comprehensive Agreement and the Contract Documentsany other provisions of this Agreement, subject to Concessionaire’s Approval, Contractor shall conduct the Performance Tests. At least sixty ninety (6090) days prior to the date Contractor wishes to commence a Performance Test, Contractor shall provide to Concessionaire, for Concessionaire’s Approval and approval of the Independent Engineer, complete test procedures developed in accordance with the Performance Testing and Commissioning Plan and Program. Thereafter, Contractor shall give Concessionaire, the Department and the Independent Engineer Concessionaire at least five seven (57) Business Days’ prior written notice of the date on which Contractor intends to commence each Performance Test. A Performance Test shall consist of the operation of the equipment and applicable systems included in the DB TTMS Work necessary for operation of the HOT Lanes in accordance with the Contract Documents Comprehensive Agreement, this Agreement and the Performance Testing and Commissioning Plan and Program. Concessionaire shall designate and make available qualified and authorized representatives to observe the Performance Tests and to monitor the taking of measurements to determine the level of achievement of the Performance Guaranteesconditions required to achieve Xxxx Ex Service Commencement, all in accordance with the Contract Documents Comprehensive Agreement, this Agreement and the Performance Testing and Commissioning Plan and Program. Concessionaire and the Department may observe each Performance Test. The Department will be included in such Performance Tests for purposes of demonstrating effective information transfer across system interfaces, where applicable. Contractor shall not attempt to perform a Performance Test if any Commissioning, start-up or initial test procedures have not been completed as required prior to the Performance Test or any aspect of the DB TTMS Project has not been completed sufficiently to assure the safe and continuous operation of all or any part of the DB TTMS Project during the Performance Test in accordance with the Standard of Care, the Operating Manual, the Contract Documents Comprehensive Agreement, this Agreement and the Performance Testing and Commissioning Plan and Program.

Performance Tests. Provided the DB TTMS Project and all DB TTMS Project systems included therein are capable of safe and continuous operation in accordance with the Standard of Care, the Operating Manual, the Performance Guarantees, the Technical Requirements Comprehensive Agreement and the Contract Documentsany other provisions of this Agreement, subject to Concessionaire’s Approval, Contractor shall conduct the Performance Tests. At least sixty ninety (6090) days prior to the date Contractor wishes to commence a Performance Test, Contractor shall provide to Concessionaire, for Concessionaire’s Approval and approval of the Independent Engineer, complete test procedures developed in accordance with the Performance Testing and Commissioning Plan and Program. Thereafter, Contractor shall give Concessionaire, the Department and the Independent Engineer Concessionaire at least five seven (57) Business Days’ prior written notice of the date on which Contractor intends to commence each Performance Test. A Performance Test shall consist of the operation of the equipment and applicable systems included in the DB TTMS Work necessary for operation of the HOT Lanes in accordance with the Contract Documents Comprehensive Agreement, this Agreement and the Performance Testing and Commissioning Plan and Program. Concessionaire shall designate and make available qualified and authorized representatives to observe the Performance Tests and to monitor the taking of measurements to determine the level of achievement of the Performance Guaranteesconditions required to achieve 395 Service Commencement, all in accordance with the Contract Documents Comprehensive Agreement, this Agreement and the Performance Testing and Commissioning Plan and Program. Concessionaire and the Department may observe each Performance Test. The Department will be included in such Performance Tests for purposes of demonstrating effective information transfer across system interfaces, where applicable. Contractor shall not attempt to perform a Performance Test if any Commissioning, start-up or initial test procedures have not been completed as required prior to the Performance Test or any aspect of the DB TTMS Project has not been completed sufficiently to assure the safe and continuous operation of all or any part of the DB TTMS Project during the Performance Test in accordance with the Standard of Care, the Operating Manual, the Contract Documents Comprehensive Agreement, this Agreement and the Performance Testing and Commissioning Plan and Program.

Performance Tests. Provided the DB Project and all DB Project systems included therein are capable of safe and continuous operation in accordance with the Standard of Care, the Operating Manual, the Performance Guarantees, the Technical Requirements and the Contract Documents, subject to the approval of Concessionaire’s Approval, Contractor shall conduct the Performance Tests. At least sixty (60) days prior to the date Contractor wishes to commence a Performance Test, Contractor shall provide to Concessionaire, for Concessionaire’s Approval and approval of the Independent Engineer, complete test procedures developed in accordance with the Performance Testing and Commissioning Plan and Program. Thereafter, Contractor shall give Concessionaire, the Department VDOT and the Independent Engineer at least five (5) Business Days’ prior written notice of the date on which Contractor intends to commence each Performance Test. A Performance Test shall consist of the operation of the equipment ETTM System and other applicable systems included in the DB Work necessary for operation of the HOT Lanes in accordance with the Contract Documents and the Performance Testing and Commissioning Plan and Program. Concessionaire shall designate and make available qualified and authorized representatives to observe the Performance Tests and to monitor the taking of measurements to determine the level of achievement of the Performance Guarantees, all in accordance with the Contract Documents and the Performance Testing and Commissioning Plan and Program. The Department VDOT will be included in such Performance Tests for purposes of demonstrating effective information transfer across system interfaces, where applicable. Contractor shall not attempt to perform a Performance Test if any Commissioning, start-up or initial test procedures have not been completed as required prior to the Performance Test or any aspect of the DB Project has not been completed sufficiently to assure the safe and continuous operation of all or any part of the DB Project during the Performance Test in accordance with the Standard of Care, the Operating Manual, the Contract Documents and the Performance Testing and Commissioning Plan and Program.