1.1 The Company will prepare a system testing and commissioning plan ("Testing and Commissioning Plan") for all of the works, systems and equipment to be constructed or installed in accordance with the requirements of the Agreement.
1.2 The first draft of the Testing and Commissioning Plan shall be submitted to the Agency by the Company within [●] Business Days from the first deadline for the submission of the Verifiering designs and plans as specified in Schedule 2 (Design Timetable). The Company is required to keep the Testing and Commissioning Plan continually updated during the design stage to reflect the development of and the final detailed Verifiering designs and plans. These include but will not necessarily be restricted to:
(a) renewals or other works arising from independent audit of the Existing Facilities and as agreed between the Agency and the Company;
(b) any other works carried out by the Agency for any reason; and
(c) Increasing knowledge of the Existing Facilities acquired by the Company.
It shall be the responsibility of the Company to be fully cognizant with all issues arising from the above or other reasons through regular and appropriate dialogue with and information seeking from the Agency.
1.3 The Testing and Commissioning Plan shall be resubmitted to the Agency and the Independent Verifier within [●] Business Days from the last deadline for the submission of the Verifier ing designs and plans as specified in Schedule 2 (Design Timetable). The Testing and Commissioning Plan shall:
include details of all testing and commissioning processes, outputs and contractual requirements by all suppliers and subcontractors of the Company; and
provide clear milestones by which the progress of the completion of the rehabilitation of the Existing Facilities, completion of the construction of the New Facilities, integration of the New Facilities with the Existing Facilities and the opening of integral services can be measured.
1.4 The Company shall incorporate any additions or changes required by the Independent Verifier or the Agency to the Testing and Commissioning Plan. Any subsequent changes proposed to the Testing and Commissioning Plan for whatever reason shall be submitted to the Independent Verifier. The Company shall give justification for such changes and demonstrate that the changes will have no detrimental effect on the overall demonstration of the suitability and compliance of any system or equipment on the New Facilities and its integration with the Existing Facilities to provide a seamless system.
1.5 The Company shall report on the progress of the testing and commissioning as required by:
(a) the Testing and Commissioning Plan;
(b) the specific requirements of the Agreement; and
(c) general reporting obligations.
This shall include for the recovery from any delays to the Testing and Commissioning Plan arising from either late completion of previous activities or failure of any system or equipment to perform to the required standards during any part of the testing and commissioning.
1.6 The Company shall have sole responsibility to ensure that any certificates of testing, performance or compliance required by:
(a) the Testing and Commissioning Plan;
(b) the Agency; or
(c) any Government Authority;
are acquired and handed over by the dates or within the periods in Schedule [5 (Project Milestones Schedule)/6 (Works Timetable)] to achieve the Required Operations Start Date or such other date as the Agency or the Independent Verifier may reasonably specify and notify to the Company. This shall include for any re-testing or witnessing required by any of the above parties.