ABSTRACT
The [Sponsor Information and the] Functional Specifications [and Exhibit 8.1] set forth the Performance Tests and the program for testing [each Unit and] the Facility [{in order to evaluate the Work’s compliance with this Contract}]. [The Performance Tests must be carried out on two separate occasions; on one such occasion, the ambient air temperature at the Site must be below <<insert number>> degrees Fahrenheit (the “Cold Weather Test”) and on the other such occasion, the ambient air temperature at the Site must be above <<insert number>> degrees Fahrenheit (the “Hot Weather Test”). At any time before the required ambient conditions are extant for the required testing period, the Contractor may choose to conduct provisional performance tests (the “Provisional Performance Tests”) at any time at which the results therefor may be extrapolated to Reference Conditions using the Correction Curves to determine (on a provisional basis) if the Performance Guarantees have been achieved but the conduct of such Provisional Tests Performance shall not release the Contractor from its obligations to pass successfully the Cold Weather Test and the Hot Weather Test.] The Contractor shall determine and submit in writing the raw data and completed results of all Performance Tests.
