BY CONTRACTOR OR ANY OF ITS SUBCONTRACTORS OR
SUB-SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM.
IN THE
EVENT OWNER TURNS AWAY THE LNG SHIPMENT UNDER SUBSECTION (II) ABOVE, OWNER SHALL
USE ALL COMMERCIALLY REASONABLE EFFORTS TO RESCHEDULE AN LNG SHIPMENT AS SOON AS
REASONABLY PRACTICABLE.
IN THE EVENT OWNER HAS FAILED TO USE ALL COMMERCIALLY
REASONABLE EFFORTS TO RESCHEDULE THE DELIVERY OF THE LNG SHIPMENT AFTER OWNER
HAS TURNED AWAY AN LNG SHIPMENT UNDER CLAUSE (II) ABOVE AND CONTRACTOR HAS
ACHIEVED RFCD (OR ACTS OR OMISSIONS BY OWNER OR AN EVENT OF FORCE MAJEURE HAVE
PREVENTED RFCD FROM OCCURRING), CONTRACTOR SHALL BE ENTITLED TO A CHANGE ORDER
TO THE EXTENT SUCH FAILURE ADVERSELY AFFECTS (I) CONTRACTOR'S COSTS OF
PERFORMANCE OF THE WORK; (II) CONTRACTOR'S ABILITY TO PERFORM THE WORK IN
ACCORDANCE WITH THE PROJECT SCHEDULE OR (III) CONTRACTOR'S ABILITY TO PERFORM
ANY MATERIAL OBLIGATION UNDER THIS AGREEMENT; PROVIDED THAT CONTRACTOR COMPLIES
WITH THE REQUIREMENTS SET FORTH, AS APPLICABLE, IN SECTIONS 6.2, 6.5, 6.8 AND
6.9.
11.3
NOTICE AND REQUIREMENTS FOR SUBSTANTIAL
COMPLETION.
CONTRACTOR SHALL GIVE OWNER NOT LESS THAN NINETY (90) DAYS' PRIOR
WRITTEN NOTICE OF ITS INTENTION TO COMMENCE THE PERFORMANCE TESTS, AND, ON THE
SIXTIETH (60TH) DAY AND THIRTIETH (30TH) DAY IMMEDIATELY PRIOR TO CONTRACTOR'S
INTENTION TO COMMENCE SUCH TESTING ACTIVITIES, CONTRACTOR SHALL PROVIDE WRITTEN
NOTICES TO OWNER.
THE PARTIES SHALL, NO LATER THAN TWENTY-FOUR (24) MONTHS
AFTER OWNER'S ISSUANCE OF THE NOTICE TO PROCEED, MUTUALLY AGREE UPON FINAL TEST
PROCEDURES FOR THE CONDUCT OF THE PERFORMANCE TESTS AS SPECIFIED IN AND
CONSISTENT WITH ATTACHMENT S (THESE TEST PROCEDURES AND THE TEST PARAMETERS
SPECIFIED IN ATTACHMENT S HEREINAFTER REFERRED TO AS "PERFORMANCE TEST
PROCEDURES").
CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, SUPPLIES, AND ALL
OTHER ITEMS NECESSARY FOR THE CONDUCT OF THE PERFORMANCE TESTS; PROVIDED,
HOWEVER, THAT OWNER SHALL PROVIDE OPERATING PERSONNEL FOR SUPERVISION BY
CONTRACTOR IN ACCORDANCE WITH SECTION 4.4 AND THE LNG NECESSARY FOR CONTRACTOR
TO ACHIEVE COOL DOWN IN ACCORDANCE WITH SECTION 11.1A, AND TO COMMENCE OR
CONTINUE COMMISSIONING, START-UP AND CONDUCT THE PERFORMANCE TESTS IN ACCORDANCE
WITH SECTION 11.1B.
CONTRACTOR SHALL ANALYZE THE DATA OBTAINED DURING ALL
PERFORMANCE TESTS, AND ENSURE THAT SUCH DATA REFLECTS THE PERFORMANCE STANDARDS
REQUIRED HEREUNDER.
A COMPLETE COPY OF ALL RAW PERFORMANCE DATA AND A DETAILED
LISTING OF ALL TESTING INSTRUMENTATION UTILIZED SHALL BE PROVIDED TO OWNER AT
THE COMPLETION OF TESTING.
UPON ACHIEVING ALL REQUIREMENTS UNDER THIS AGREEMENT
FOR SUBSTANTIAL COMPLETION, CONTRACTOR SHALL CERTIFY TO OWNER IN THE FORM OF
63
ATTACHMENT M ("SUBSTANTIAL COMPLETION CERTIFICATE") THAT ALL OF THE REQUIREMENTS
UNDER THIS AGREEMENT FOR SUBSTANTIAL COMPLETION HAVE OCCURRED AND SHALL PROVIDE
WITH SUCH SUBSTANTIAL COMPLETION CERTIFICATE A PERFORMANCE TEST REPORT AND
ANALYSIS TO OWNER.
AT A MINIMUM, THE PERFORMANCE TEST REPORT SHALL INCLUDE (I)
THE RAW DATA, (II) THE INSTRUMENTATION UTILIZED FOR THE PERFORMANCE TESTS, (III)
THE PROCEDURES UTILIZED DURING THE PERFORMANCE TESTS, (IV) CALCULATIONS AND
INFORMATION, AND A FULL EXPLANATION CONCERNING SAME, FOR ADJUSTMENTS TO THE
GUARANTEE CONDITIONS, AS AND TO THE EXTENT SPECIFIED