the XXXXXX failed to successfully complete any of the five series of performance tests undertaken between October 2006 and July 2007 (and adjudicated by parties both to and outside these proceedings);

контекст:

the XXXXX categorically failed to live up to Claimant's expectations on three counts:

1. firstly, the XXXXX has not at any time to date been fit for use by Claimant for the contractual purposes agreed in the Sales Contract;
2. secondly, the XXXXX failed to successfully complete any of the five series of performance tests undertaken between October 2006 and July 2007 (and adjudicated by parties both to and outside these proceedings); and
3. thirdly, Respondent remains either unable or unwilling to remedy the defects of the XXXXX.