Completion of Facility Clause Samples
The 'Completion of Facility' clause defines the requirements and conditions that must be met for a construction or development project to be considered finished according to the contract. Typically, this clause outlines the standards for completion, such as obtaining necessary certifications, passing inspections, or achieving operational readiness. It may also specify the process for verifying completion, including notice procedures and final walkthroughs. The core function of this clause is to establish a clear benchmark for when the facility is officially complete, thereby triggering obligations like final payment or transfer of ownership, and preventing disputes over whether contractual duties have been fulfilled.
Completion of Facility. Owner represents that it will develop the Facility for the purpose and in the manner as set forth in the Project Description attached as Exhibit B. During the Construction Phase, the Owner may make such change orders to the Facility as are reasonably necessary, provided that no such change order may be made which will change the qualification of the Facility as a “Basic Manufacturing Facility under this Agreement and the Guidelines for Granting Tax Abatement approved by the Governmental Unit. All improvements shall be completed in accordance with all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property shall be limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. Owner represents the Economic Life of the improvements will exceed the term of this Agreement.
Completion of Facility. If construction of the Facility is not commenced, or is permanently abandoned or terminated, either Party may notify the other of its election to terminate the Facility Lease. In such event, this Facility Lease shall terminate 30 days following such notice, and each Party shall cease to have any liability to the other party hereunder, except (i) for any obligations surviving pursuant to the express terms of the Facility Lease and (ii) that Lessee shall pay to Lessor Pre-Termination Expenses.
Completion of Facility. Prior to the date hereof, the following events have occurred with respect to the Project: (a) construction of the Project is final, Borrower has accepted the Project, and Borrower has settled all claims related to defects under the Engineering, Procurement and Construction Services Fixed Price Contract between Borrower and Delta-T Corporation dated effective August 9, 2006, and all of the plans related thereto, and all amounts payable thereunder have been paid in full, free and clear of all mechanic’s, labor, materialmen’s and other similar Lien claims; (b) all applicable requirements of any Governmental Authority and all private restrictions and covenants have been complied with or satisfied and unconditional certificates of occupancy (if required by any Governmental Authority) for all of such improvements have been issued; (c) Borrower has obtained all permits, licenses, and other authorizations required by a Governmental Authority for construction of the Project and operation of Borrower’s business, and all agreements necessary or appropriate to operate the Borrower’s plant on the Real Estate at maximum capacity have been entered; and (d) all insurance required pursuant to this Amended and Restated Master Credit Agreement, the Original Credit Agreement and any other Loan Documents is in full force and effect.
Completion of Facility. The Facility shall be deemed fully ------------ ---------------------- completed upon Landlord's receipt of evidence, in the form of certificates of opinion of licensed architects or engineers employed by Tenant or by Landlord, or in such other form as Landlord reasonably may require, that:
(a) the Facility shall have been completed in all respects in a good and workmanlike manner and of first-class quality in accordance with the Plans;
(b) The Facility and each of its components, including, all machinery, equipment, apparatus and lines, are operating in accordance with the Plans, are available for use by Tenant and are capable of delivery of steam to the Landlord to the interconnection points, in the Volumes and meeting the specifications required by the Steam Contract;
(c) all building codes and other regulations and all requirements of public authorities described in Article 12 have been complied with;
(d) all permits and permanent unconditional certificates of occupancy which are required have been obtained;
(e) all approvals which are required for the operation of the Facility and Tenant's performance of the Steam Contract have been obtained;
(f) the contract with the Contractor for the operation of the Facility, as provided in Section 1.02 of the Steam Contact, shall be in full force and effect and the Contractor shall have commenced the performance of its duties as operator of the Facility;
(g) all parking areas are ready for use; and
(h) all exterior areas, including easements and rights of way, are adequately graded, landscaped, tidied up, and ready for use, and all other areas are clean and all surplus building material and rubbish removed from the Premises.
Completion of Facility. The Bonds are being issued to finance a portion of the Facility Costs. The Borrower has completed the Facility in accordance with the Plans and Specifications and in accordance with the requirements of the Letter of Credit Documents and the Bond Documents.
Completion of Facility. Monthly Reports 54 6.2 Conduct of Business, Maintenance of Existence, etc. 55 6.3 Payment of Obligations 55 6.4 Performance Under Other Agreements 55 6.5 General Partner 55 6.6 Insurance Coverage 55 6.7 Inspection of Property; Books and Records; GE Capital's Representative; Discussions 61 6.8 Compliance With Laws 62 6.9 Financial Statements 63 6.10 Certificates; Other Information 64 6.11 Taxes 66 6.12 Maintenance of Property 66 6.13 Notices 67 6.14
Completion of Facility. 57 7.2 Conduct of Business, Maintenance of Existence, Etc. ...... 57 7.3
Completion of Facility. The Company shall complete construction and development of the Facility and shall be responsible for all necessary improvements to the space occupied by the Facility for the efficient operation of a FIFTEEN (15) station hemodialysis outpatient Facility, all in compliance with applicable building codes, zoning requirements, and other governmental (federal, state and local) agencies', bureaus' and commissions' regulations, as of the completion date.
Completion of Facility. Owner represents that it will develop the Facility for the purpose and in the manner as set forth in the Project Description attached as Exhibit B. During the Construction Phase, the Owner may make such change orders to the project as are reasonably necessary, provided that no such change order may be made which will change the qualification of the project as a “Facility” under this Agreement and the Guidelines for Granting Tax Abatement approved by the Governmental Unit. All improvements shall be completed in accordance with all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property shall be limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. New Jobs. Owner represents and warrants that this Facility will add at least 200 additional net new full-time jobs. In order to be counted as a net new full-time job under this Agreement, the job must be a full-time position providing regular work schedules of at least 35 hours per week.
Completion of Facility. The Borrower shall cause the Project to be completed in compliance in all material respects with all applicable national, state and local engineering, environmental, construction, safety and electrical generation codes and standards and in compliance with the terms of the Turnkey Contract (including, without limitation, the Completion Budget). The Borrower shall respond, and shall cause the Turnkey Contractor to respond, to the Independent Engineer's and the Lenders' Site Representative's inquiries regarding the completion of the Facility.