4.3 Conditions of the Employer's Facility
(a) The Employer's Facility provided to the Contractor has been procured prior to the Mobilisation and Site Establishment period, the Contractor shall study and shall deeply understandings of the conditions of the Employer's Facility and shall be deemed to have familiarised itself as to the conditions and locations of the Employer's Facility and to have confirmed the Contractor 's adequacy to perform its obligations under this Agreement in light of the conditions and locations of the Employer's Facility as may change from time to time under the Work Plan.
(b) Commissioning and completion tests:
For the Employer's Facility including WL2 system has not performed in the commissioning and completion tests prior the Contract Signing Date, the Employer shall use all reasonable efforts to ensure that the accepted performance results of the Employer's Facility do not materially and adversely affect to the performances of Contractor under the Services Agreement.
(c) Completion Certificates of the Employer's Facility:
The Contractor shall use all reasonable efforts to assist the Employer in order to complete the commissioning and completion tests of the Employer's Facility including WL2 system.
(d) Upon satisfaction of all conditions precedent to the hand-over of the Employer's Facility under the MESAs Contracts and any other applicable Project Document, the Employer shall hand over the completed Employer's Facility to the Contractor, together with all Initial Spare Parts handed-over to the Contractor on or before the COD1.
(e) The Contractor has accepted to the conditions of the Employer's Facility and shall not claim for any performance deficiency of the Employer's Facility. In the event any manufacturer's deflects occurred the Contractor shall assist the Employer for any claims to be made to the MESAs' Contractor under the warranty provision of the MESAs Agreements and the Employer shall consider, at its own determination, extension of the Terms as appropriated.
(f) Document relevant to the Employer's Facility:
The Contractor may request to the Employer necessary drawings, and documents in connection to the Employer's Facility for the performances of the Contractor under the Agreement since 90 days after the Contract Signing Date, the Employer shall use it best effort to provide or procure the provision of all relevant documents and information within the possession or control of the Employer in a timely manner so as to enable the Contractor to perform its obligations. Except otherwise the Employer's negligence or intentional act of, if any failure by the Employer not to provide the Contractor such drawings and documents causes the Contractor to be unable to perform its obligations under this Agreement, such inability of the Contractor shall be considered a breach of the Contractor's obligations.