Common use of Certificate of Final Completion Clause in Contracts

Certificate of Final Completion. (a) Promptly after completing the Work and ▇▇▇▇'s receipt of a Certificate of Occupancy, as applicable, for the Work, the City as landlord (in its proprietary capacity) will deliver to SAMP an appropriate instrument so certifying for the purposes of this Lease (the "Certificate of Final Completion") in recordable form; (b) The Certificate of Final Completion shall certify that, to the best of the City's knowledge, SAMP has satisfied all of its obligations to the City in its capacity as landlord under this Lease regarding constructing of the improvements on the Leased Property; and (c) If the City shall refuse or fail to provide the Certificate of Final Completion, the City shall, within thirty (30) days after written request by ▇▇▇▇, provide SAMP with a written statement indicating, in commercially reasonable detail, in what respects SAMP failed to complete the Work, or is otherwise in default, and what measures and acts, in the opinion of the City, are necessary for SAMP to take or perform to obtain such certification (a "Deficiency Notice"). (d) SAMP shall have sixty (60) days after receipt of the Deficiency Notice to correct or complete the noticed deficiencies. If the deficiencies cannot reasonably be corrected or completed within sixty (60) days, then SAMP shall have an additional commercially reasonable time within which to correct or complete them, but only if: (i) SAMP within said sixty (60) day period shall have commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure such default; and (ii) the Complex begins and continues to operate fully and in the ordinary course of business, to the extent commercially reasonable taking into account the nature of the deficiencies. (e) Upon completion, deliver to the City, a copy of the Certificate of Occupancy for the Complex and all other improvements on the Leased Property. Within ninety (90) days after receipt of a Certificate of Final Completion, SAMP shall furnish the City a boundary survey depicting the Lessee Improvements and a certification of the out-of-pocket cost incurred to design, permit, and construct the initial Lessee Improvements, excluding internal employee and overhead costs of SAMP (the "Certified Cost of Lessee Improvements").

Appears in 2 contracts

Sources: Ground Lease, Ground Lease

Certificate of Final Completion. (a) Promptly after completing After expiry of the Work Defects Notification Period, and ▇▇▇▇'s receipt provided the Alliance Manager is not aware of any outstanding Defects, the Alliance Manager will submit a Certificate of Occupancy, as applicable, Final Completion to the ALT for the Work, the City as landlord (in its proprietary capacity) will deliver to SAMP an appropriate instrument so certifying for the purposes of this Lease (the "Certificate of Final Completion") in recordable form;approval. (b) The If the ALT agrees that Final Completion has been achieved, the ALT will complete Part 2 of the Certificate of Final Completion shall certify that, and submit it to the best of the CityPrincipal's knowledge, SAMP has satisfied all of its obligations to the City in its capacity as landlord under this Lease regarding constructing of the improvements on the Leased Property; andRepresentative for approval. (c) If the City shall refuse or fail to provide Principal's Representative agrees that Final Completion has been achieved, the Principal's Representative will complete Part 3 of the Certificate of Final Completion and indicate the Date of Final Completion, the City shall, within thirty (30) days after written request by ▇▇▇▇, provide SAMP with a written statement indicating, in commercially reasonable detail, in what respects SAMP failed to complete the Work, or is otherwise in default, and what measures and acts, in the opinion of the City, are necessary for SAMP to take or perform to obtain such certification (a "Deficiency Notice"). (d) SAMP shall have sixty (60) days after receipt of the Deficiency Notice to correct or complete the noticed deficiencies. If the deficiencies canALT or the Principal's Representative does not reasonably consider the Alliance Works to have reached Final Completion or considers that there is some other obligation under this Agreement which is required to be corrected performed to reach Final Completion which has not been performed or completed within sixty (60) days, then SAMP shall have an additional commercially reasonable time within which to correct or complete them, but only ifobserved: (i) SAMP within said sixty the ALT or the Principal's Representative (60as applicable) day period shall have commenced will complete the relevant Part of the Certificate of Final Completion indicating what the ALT or the Principal's Representative considers to be outstanding to achieve Final Completion or to perform or observe the relevant obligation under this Agreement; and thereafter shall have continued diligently submit the Certificate of Final Completion to prosecute all actions necessary to cure such defaultthe Alliance Manager; and (ii) the Complex begins Alliance Manager will promptly inform the Participants that Final Completion has not been achieved and continues to operate fully and in the ordinary course of business, to the extent commercially reasonable taking into account the nature any details of the deficienciesoutstanding work or the failure to perform or observe the relevant obligation under this Agreement. (e) Upon completionIf the ALT considers that Final Completion has been achieved but the Principal's Representative does not agree, deliver and a NOP wishes to pursue the issue, the NOP may by written notice to the Cityother Participants and TfNSW request that the issue be resolved in accordance with clause 18.2. (f) Once the Alliance Manager is satisfied that the outstanding work or obligation required to be performed to reach Final Completion has been completed, a copy of performed or observed in accordance with this Agreement, the Certificate of Occupancy for Alliance Manager will again initiate the Complex and all other improvements on the Leased Property. Within ninety (90) days after receipt of a Certificate of Final Completion, SAMP shall furnish the City a boundary survey depicting the Lessee Improvements and a certification of the out-of-pocket cost incurred to design, permit, and construct the initial Lessee Improvements, excluding internal employee and overhead costs of SAMP (the "Certified Cost of Lessee Improvements")approval process under this clause 12.4.

Appears in 2 contracts

Sources: Project Alliance Agreement, Project Alliance Agreement

Certificate of Final Completion. (a) Promptly after completing the Work and ▇▇▇▇'s ▇’s receipt of a Certificate of Occupancy, as applicable, for the Work, the City as landlord (in its proprietary capacity) will deliver to SAMP JoePC an appropriate instrument so certifying for the purposes of this Lease (the "Certificate of Final Completion") in recordable form; (b) The Certificate of Final Completion shall certify that, to the best of the City's ’s knowledge, SAMP JoePC has satisfied all of its obligations to the City in its capacity as landlord under this Lease regarding constructing of the improvements on the Leased Property; and (c) If the City shall refuse or fail to provide the Certificate of Final Completion, the City shall, within thirty (30) days after written request by ▇▇▇▇, provide SAMP JoePC with a written statement indicating, in commercially reasonable detail, in what respects SAMP JoePC failed to complete the Work, or is otherwise in default, and what measures and acts, in the opinion of the City, are necessary for SAMP JoePC to take or perform to obtain such certification (a "Deficiency Notice"). (d) SAMP JoePC shall have sixty (60) days after receipt of the Deficiency Notice to correct or complete the noticed deficiencies. If the deficiencies cannot reasonably be corrected or completed within sixty (60) days, then SAMP JoePC shall have an additional commercially reasonable time within which to correct or complete them, but only if: (i) SAMP JoePC within said sixty (60) day period shall have commenced and thereafter shall have continued diligently to prosecute all actions necessary to cure such default; and (ii) the Complex begins and continues to operate fully and in the ordinary course of business, to the extent commercially reasonable taking into account the nature of the deficiencies. (e) Upon completion, deliver to the City, a copy of the Certificate of Occupancy for the Complex and all other improvements on the Leased Property. In the event JoePC receives a Certificate of Occupancy for either the Restaurant or the Hotel but not the other and the other is substantially complete, the forgoing procedure may be followed independently for each. (f) Within ninety (90) days after receipt of a Certificate of Final Completion, SAMP JoePC shall furnish the City a boundary survey depicting the Lessee JoePC Improvements and a certification of the out-of-out of pocket cost incurred to design, permit, and construct the initial Lessee JoePC Improvements, excluding internal employee and overhead costs of SAMP St. ▇▇▇ and ▇▇▇▇▇ (the "Certified Cost of Lessee JoePC Improvements").

Appears in 1 contract

Sources: Ground Lease