Common use of COMMENCEMENT AND COMPLETION OF WORKS Clause in Contracts

COMMENCEMENT AND COMPLETION OF WORKS. Subject to the prior written approval of the Institution, the Private Party shall appoint an Independent Certifier as soon as possible after the Signature Date and in any event, not more than [x] days after the Signature Date. The Independent Certifier shall be appointed in terms of the Independent Certifier Agreement which is attached to this PPP Agreement as Schedule 11 and shall have a duty of care to both Parties. The costs of the Independent Certifier shall be borne by the Private Party, provided that the fact that the Independent Certifier is paid by the Private Party shall not derogate from the Independent Certifier's fiduciary duty to the Institution. The Private Party shall commence the Works not more than [x months or days] after the Signature Date. Completion of the Works shall be effected during the Development Period and not later than one day before the Scheduled Operation Commencement Date, unless such date is extended in terms of this PPP Agreement. Upon the Private Party becoming aware of the anticipated date of completion of the Works, the Private Party shall promptly notify the Institution and the Independent Certifier, provided that such notice shall be given not less than [x] days before such anticipated date. The Independent Certifier shall inspect the Works on such anticipated date of completion or as soon as reasonably practicable thereafter, but in any event within [x] days after such anticipated date. If the Independent Certifier is reasonably of the opinion that completion of the Works has taken place, the Independent Certifier shall forthwith issue the Completion Certificate. If the Independent Certifier is not satisfied that completion has occurred, the Independent Certifier shall notify the Private Party of such failure to attain completion of the Works within [x] Business Days after the inspection referred to in clause specifying those elements of the Facility or other conditions that remain to be satisfied by the Private Party. The issuing of a Completion Certificate shall not be withheld or delayed notwithstanding that minor items have yet to be completed and/or attended to and such outstanding items shall be reflected in a Snagging List (as defined in clause ). The Independent Certifier shall issue a Completion Certificate within [x] Business Days after the completion, to the Independent Certifier’s satisfaction, of the Works specified in the notice contemplated in clause and the satisfaction of any other conditions specified. The Independent Certifier shall identify in a list ("Snagging List") appended to the Completion Certificate any unfulfilled obligations of the Private Party ("Unfulfilled Obligations"), which the Private Party has undertaken to complete in respect of the Works and the time within which such Unfulfilled Obligations are to be completed, or certify that there are no Unfulfilled Obligations in respect of the Works. The Private Party shall attend to such Unfulfilled Obligations within the time specified in the Snagging List.

COMMENCEMENT AND COMPLETION OF WORKS. 17.1 Subject to the prior written approval of the InstitutionInstitution (which shall not unreasonably be withheld), the Private Party shall appoint an Independent Certifier as soon as possible after the Signature Date and in any event, not more than [x] 30 days after the Signature Date. The Independent Certifier shall be appointed in terms of the Independent Certifier Agreement which is attached to this PPP Agreement as Schedule 11 and shall have a duty of care to both Parties. The costs of the Independent Certifier shall be borne by the Private Party, provided that the fact that the Independent Certifier is paid by the Private Party shall not derogate from the Independent Certifier's fiduciary duty to the Institution. . 17.2 The Private Party shall commence the Works not more after the Signature Date and in any event no later than [x 3 months or days] after the Signature Date. . 17.3 Completion of the Works shall be effected during the Development Period and not later than one day before the Scheduled Operation Commencement Date, unless such date is extended in terms of this PPP Agreement. . 17.4 Upon the Private Party becoming aware of the anticipated date of completion of the Works, the Private Party shall promptly notify the Institution and the Independent Certifier, provided that such notice shall be given not less than [x] 60 days before such anticipated date. . 17.5 The Independent Certifier shall inspect the Works on such anticipated date of completion or as soon as reasonably practicable thereafter, but in any event within [x] 30 days after such anticipated date. . 17.6 If the Independent Certifier is reasonably of the opinion that completion of the Works has taken place, the Independent Certifier shall forthwith issue the Completion Certificate. . 17.7 If the Independent Certifier is not satisfied that completion has occurred, the Independent Certifier shall notify the Private Party of such failure to attain completion of the Works within [x] 5 Business Days after the inspection referred to in clause 17.5 specifying those elements of the Facility Works and Facilities or other conditions that remain to be satisfied by the Private Party. . 17.8 The issuing of a Completion Certificate shall not be withheld or delayed notwithstanding that minor items have yet to be completed and/or attended to and such outstanding items shall be reflected in a Snagging List (as defined in clause 17.10). . 17.9 The Independent Certifier shall issue a Completion Certificate within [x] 2 Business Days after the completion, to the Independent Certifier’s satisfaction, of the Works specified in the notice contemplated in clause 17.7 and the satisfaction of any other conditions specified. . 17.10 The Independent Certifier shall identify in a list ("Snagging List") appended to the Completion Certificate any unfulfilled obligations of the Private Party ("Unfulfilled Obligations"), which the Private Party has undertaken to complete in respect of the Works and the time within which such Unfulfilled Obligations are to be completed, or certify that there are no Unfulfilled Obligations in respect of the Works. The Private Party shall attend to such Unfulfilled Obligations within the time specified in the Snagging List.