17.3 In the event OWNER rejects the NOTICE OF COMPLETION and specifies defective or uncompleted portions of the WORK, CONTRACTOR shall promptly remedy such defective and uncompleted portions of WORK at CONTRACTOR’s expense, and shall again give OWNER a written NOTICE OF COMPLETION of the WORK, specifying a new date for the completion of the WORK based upon the date such defective or uncompleted portions of the WORK were corrected.
17.4 The foregoing procedure shall apply again and successively thereafter until OWNER has given CONTRACTOR a CERTIFICATE OF INITIAL ACCEPTANCE for purposes of INITIAL ACCEPTANCE. Any failure of OWNER to inspect or to reject the WORK or to reject CONTRACTOR’s NOTICE OF COMPLETION as set forth above, shall not be deemed to be acceptance of the WORK for any purpose by OWNER nor imply acceptance of or agreement with, said NOTICE OF COMPLETION.
17.5 INITIAL ACCEPTANCE shall be achieved following satisfactory passing of the ACCEPTANCE TESTS under Article 18 including completion of thirty (30) days reliability test (by PACKAGE 1’s contractor), payment of penalties for delay under this CONTRACT and completion of the WORK, subject to APPROVAL of the CERTIFICATE OF INITIAL ACCEPTANCE.
17.6 Achievement of INITIAL ACCEPTANCE shall be the date of transfer of care, custody and control of the PLANT from CONTRACTOR to OWNER.
17.7 Upon the expiration of all guarantees relating to the WORK according to Articles 19.2 and 19.3 and fulfillment of all obligations of CONTRACTOR related thereto, including that CONTRACTOR has paid or satisfied in full all claims of OWNER and has made good and corrected all defects of the WORK and/or any breach of guarantee, and provided that the CERTIFICATE OF INITIAL ACCEPTANCE has been issued, OWNER shall issue to CONTRACTOR the CERTIFICATE OF FINAL ACCEPTANCE in the form as contained in Part 4.8.
17.8 At FINAL ACCEPTANCE, CONTRACTOR shall provide to OWNER the benefit of any remaining guarantees relating to EQUIPMENT AND MATERIALS incorporated into the PLANT.
ARTICLE 18 MECHANICAL COMPLETION, PRE-COMMISSIONING and ACCEPTANCE TESTS
18.1 MECHANICAL COMPLETION, PRE-COMMISSIONING, start-up, and testing activities for the equipment and PLANT will be carried out according to a procedure and SCHEDULE formulated by CONTRACTOR on the basis of Part 4.3 and Part 4.4 and requirements of the PROJECT SPECIFICATION and issued to OWNER and CONSULTANT at least four (4) months before the scheduled date of MECHANICAL COMPLETION of the PLANT and approved by OWNER and CONSULTANT.
All environmental impacts during PRE-COMMISSIONING, ACCEPTANCE TESTS and start-up such as noise and drainage water from pipe pigging, flushing and blowing shall be controlled in accordance with all applicable laws, regulations and permits.