Common use of Achievement of Final Completion Clause in Contracts

Achievement of Final Completion. Owner shall, within thirty (30) ------------------------------- days following receipt of the Notice of Final Completion, inspect all Work, review the report submitted by Contractor and subject to the written approval of the Independent Engineer either (a) deliver to Contractor a Final Completion Certificate stating that Section 5.7 hereof has been satisfied, or (b) if reasonable cause exists for doing so, notify Contractor in writing that Final Completion has not been achieved, stating in detail the reasons therefor. Notwithstanding the foregoing, Owner shall not be obligated to deliver to Contractor a Final Completion Certificate unless and until Contractor shall have delivered to Owner the Technical Documentation as required by Section 2.34 hereof. In the event that Final Completion has not been achieved, Contractor shall promptly take such action or perform such additional Work as will achieve Final Completion and shall issue to Owner and the Independent Engineer another Notice of Final Completion pursuant to Section 5.7.1 hereof. Such procedure shall be repeated as necessary until Final Completion is achieved. The issuance of the Final Completion Certificate does not relieve Contractor of any liability with respect to the Warranties. For all purposes under this Contract, Final Completion shall be deemed to have been achieved on the date on which the requirements under Section 5.7 hereof were completed and the Final Completion Certificate shall be issued by Owner to Contractor dated as of such date.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Services Contract (Neches River Holding Corp)

Achievement of Final Completion. Owner shall, will within thirty five (305) ------------------------------- days Business Days following Owner’s receipt of the Notice of Final CompletionCompletion for a Facility, inspect all Work, review the report submitted by Contractor and subject to the written approval of the Independent Engineer either (ai) deliver to Contractor a written certification stating that the requirements for Final Completion Certificate stating that Section 5.7 hereof has of such Facility have been satisfiedachieved, or (bii) if reasonable cause exists for doing so, notify Contractor in writing that Final Completion has such requirements have not been achieved, stating in detail the reasons therefortherefore. Notwithstanding If Owner certifies that such requirements have been met, then the foregoing, Owner shall not be obligated to deliver to Contractor a date of such Notice of Final Completion Certificate unless and until Contractor shall have delivered to Owner will be deemed the Technical Documentation as required by Section 2.34 hereof. In the event that date Final Completion has of such Facility or System. If Owner notifies Contractor that such requirements have not been achievedmet, then Contractor shall will promptly take such action or perform such additional Work actions as will achieve Final Completion cause such requirements to be met, and shall upon meeting such requirements, Contractor will issue to Owner and the Independent Engineer another Notice of Final Completion pursuant to Section 5.7.1 hereofCompletion. Such procedure shall will be repeated as necessary until Owner certifies that such requirements have been met. Should Owner fail to make any notification to Contractor within the aforesaid five (5) Business Day period after its receipt of Notice of Final Completion is achieved. The issuance of Completion, then the Final Completion Certificate does not relieve Contractor of any liability with respect to the Warranties. For all purposes under this Contract, Final Completion Facility shall be deemed to have been achieved on Final Completion as of the date on which of the Notice of Final Completion. So long as Owner has satisfied the aforesaid five-Business Day notice requirement, the issuance by Owner of a certificate stating that the requirements under Section 5.7 hereof were completed and the Final Completion Certificate of Sections 18.1.1 through 18.1.5 have been met shall be issued by Owner a condition to Contractor dated as achievement of such dateFinal Completion.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Mirant Mid Atlantic LLC)