93 94 95 10. 10.1 Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the tests shall be accepted as accurate, Retesting If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5 (Rejection)shall apply, and the Employer, the Employer's Engineer or the Contractor may require the failed tests, and Tests on Completion on any related work, to be repeated under the same terms and conditions at the sole cos, risk and expense of the Contractor Failure to Pass Tests on Completion Ifthe Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 (Retesting), the Employer shall at its sole discretion be entitled to: (2) order further repetitisn of Tests on Completion under Sub-Clause 9.3 (Retesting); (b) ifthe failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be) in which event the Employer shall have the same remedies as are provided in Sub-Clause 11.4 (Failure to Remedy Defects) andlor any other remedies available under the contract; ot (©) issue the Taking-Over Certifica Works or a Section. for the Facility as applicable in relation to the In the event of sub-paragraph (c), the Contractor shall proceed in accordance with all other obligations under this Agreement, and the Contractor shall at the option of the Employer either () accept a reduction in the Agreement Price by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure or (ii) pay the Employer liquidated damages equal to the amount of loss suffered by the Employer due to reduction in the tariff applicable to the sale of electric power to the Power Purchaser Not Used EMPLOYER'S TAKING OVER ng Over of the Works and Sections ‘The Employer shall issue the Taking over Certificate when: i. The applicable criteria, as set out in the Employer's requirements fulfilled; ii, All the works, required to be completed, are completed ‘The Employer shall within fourteen (14) days after receiving the Contractor's application, 46a) Issue Taking over Certificate for the satisfaction of all the Works assigned as per Contract, ‘Agreement b) Reject the application, giving reasons and specifying the Works required to be done by the Contractor If the Taking-Over Certificate for the Works, or any notice attached or pertaining thereto, contains requirements or restrictions over and above those in this Agreement, the Contractor shall notify the Employer's Representative and shall be entitled to a Variation under Clause 13 (Variations and Adjustments) unless such requirements or restriction: fault or failure of the Contractor. as a result of a If the Employer fails cither to issue the Taking-Over Certificate for the Works or to reject the Contractor's application within the period of fourteen (14) days, and if the Works or Section (as the case may be) are substantially completed in accordance with this Agreement, the ‘Taking-Over Certificate for the Works shall be deemed to have been issued on the last day of that period, ‘Taking Over of Parts of the Works Parts of the Works (other than Sections) shall not be taken over or used by the Employer, except as stated in this Agreement or as may be agreed by both Parties. Not Used. Di TS LIABILITY Completion of Outstanding Work and Remedying Defects Punch list Completion Period Jn order that the relevant Works and Contractor's Documents, and each relevant Section, shall, be in the condition required by this Agreement by the expiry date of the Punch list Completion Period, the Contractor shall at its own cost complete any work which is outstanding on the date stated in the Taking-Over Certificate. Final payment for the Works, in accordance with Clause 14 (Agreement Price and Payment), will not be certified until the above requirements have, in the opinion of the Employer's Representative, been met. Warranty Period During each of the Warranty Periodfor the Works, the Contractor warrants that (a) the Works shall be performed with good workmanship in accordance with the Applicable Standards and shall be free from all defects or deficiencies; and 4