Common use of Conditions of Project Substantial Completion Clause in Contracts

Conditions of Project Substantial Completion. “Project Substantial Completion” shall be achieved when each of the following conditions has been satisfied: all Equipment comprising the Project has been installed as required; the Project has been connected to and synchronized with the Grid, and is capable of operating as a fully-integrated electricity generating plant that safely and continuously generates electric power in accordance with the requirements of all Applicable Laws and this Agreement; Contractor and Owner have agreed upon the Final Punch List for all Work, as described in Section 6.4.1; Contractor has fully completed all Work (including all Work on or comprising all remaining Project for the Project), except those items on the agreed upon the Final Punch List; any Defects found have been corrected; Contractor has completed all Performance Tests and (i) has demonstrated through Performance Testing in accordance with Exhibit C-3 that the Project has achieved the Performance Guarantee in accordance with Exhibit C-4, or (ii) has demonstrated through Performance Testing results in accordance with Exhibit C-3 that the Project has not achieved the Performance Guarantee and that Contractor has paid all applicable Performance Liquidated Damages in accordance with Exhibit C-4.7 Contractor has provided Owner with copies of all Contractor Permits; all Spare Parts requested by Owner under Section 2.3.10 have been delivered by Contractor to the Project Site in accordance with Section 2.3.10; provided that any Spare Parts requested by Owner within two (2) weeks prior to the date of submittal of the Project Substantial Completion Certificate which have not been delivered by such date will be added to the Final Punch List; Contractor has paid all Delay Liquidated Damages due under this Agreement, if any; Contractor has delivered to Owner copies of all test reports and electrical schematics related to the Work; Contractor has delivered draft copies of the Operating Manual and Job Books in accordance with Sections 2.3.11(a) and (b); Contractor has delivered to Owner all interim progress payments or final, as the case may be, waivers of mechanic’s and materialman’s Liens from all Subcontractors for Work completed through such date, and Contractor has certified that there are no Liens threatened, pending or existing on the Project; and Owner has confirmed or is deemed to have confirmed in writing that the conditions set forth hereinabove have occurred, pursuant to Section 6.3.2.