Common use of Achievement of Substantial Completion of the DB Project Clause in Contracts

Achievement of Substantial Completion of the DB Project. Within twenty (20) days after Concessionaire has provided the Notice of Substantial Completion to the Independent Engineer and the Department, then Concessionaire, Contractor, the Independent Engineer and the Department will meet, confer and exchange information on a regular basis with a goal being Concessionaire’s issuance of the Substantial Completion Certificate countersigned by the Independent Engineer; provided that Concessionaire’s issuance of such Substantial Completion Certificate hereunder shall be contingent upon issuance of a “Substantial Completion Certificate” by the Department under Section 8.08 of the Comprehensive Agreement. Contractor acknowledges that, pursuant to Section 8.08(e) of the Comprehensive Agreement, the Department is to conduct an inspection of the DB Project and review the final Construction Documentation and such other matters as may be necessary to determine whether Substantial Completion is achieved and will deliver a report of findings and recommendations to Concessionaire. If the Department notifies Concessionaire in accordance with Section 8.08 of the Comprehensive Agreement that it will not issue the “Substantial Completion Certificate” under the Comprehensive Agreement and identifies any defects and deficiencies in the DB Work, Concessionaire shall promptly provide such notice to Contractor, and Contractor shall promptly correct such defects and deficiencies in the DB Work identified by the Department. The foregoing process shall be repeated until Substantial Completion has been achieved as evidenced by Concessionaire’s and the Independent Engineer’s countersigning of the Substantial Completion Certificate. For all purposes of this Agreement, the date of achievement of Substantial Completion shall be the date on which Concessionaire issues to Contractor such Substantial Completion Certificate that is countersigned by each of Concessionaire and the Independent Engineer. Concessionaire will provide to Contractor with such Substantial Completion Certificate the Concessionaire’s Punch List of items to be completed by Contractor to achieve Final Acceptance. The Parties acknowledge that under Section 8.08(f) of the Comprehensive Agreement if the Department has not notified Concessionaire of its approval or disapproval of whether Substantial Completion has been achieved within twenty-one (21) days after such Concessionaire notice under the Comprehensive Agreement (or ten (10) days with respect to any resubmittal of the notice), and if the delay is not a result of an action or inaction of a “Concessionaire Party” (as defined in the Comprehensive Agreement), then such Department’s delay will constitute a CA Delay Event and a CA Compensation Event hereunder and provisions of Sections 12.5 and 12.6 shall apply.