Conditions to Final Acceptance Sample Clauses

Conditions to Final Acceptance. One (1) year from the date of conditional acceptance, the District’s manager and/or consulting engineer, as the case may be, will inspect the Project for final acceptance. Each of the following conditions shall be a condition precedent which must be satisfied before the District shall finally accept the Project:
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Conditions to Final Acceptance. As a condition to Final Acceptance, (i) DB Contractor shall provide the Systems Integrator Coordination Work, (ii) the Systems Integrator shall have completed its work, (iii) DB Contractor shall have facilitated the performance of the KCS Work by KCS, and (iv) the KCS Work shall be completed. Following Substantial Completion, DB Contractor shall deliver to TxDOT a plan to resolve any tolling infrastructure deficiencies within two days of notification thereof that are the responsibility of the DB Contractor. DB Contractor shall fully resolve any tolling infrastructure deficiencies within three days of submitting the aforementioned plan.
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Conditions to Final Acceptance. The completed Art Work shall not be deemed to have been accepted by the City Council until each and every one of the following conditions has been fulfilled, as determined by the City Council: ▪ All approvals required under Section 5 shall have been obtained by Artist; and ▪ The installation of the Art Work shall conform to the Final Design specifications for the Art Work approved by Project Manager pursuant to Section 5.1 above; and ▪ The Art Work shall have been fabricated and installed on a timely basis; ▪ The completed Art Work shall have been reviewed and approved by the Project Manager. ▪ The Art Work shall be in substantial compliance with all other terms and conditions contained in this Agreement and shall not be in default of this Agreement. ▪ Artist has provided City with a Documentation and Final Maintenance Plan (“Maintenance Plan”) addressing the following elements: 1) A written report for the City’s files including complete information regarding the intent of the Art Work and the scale, materials, and processes used in the fabrication and installation of the Art Work. 2) Final written specifications and recommendations for maintenance of the Art Work, including an estimate of annual maintenance costs associated with the Art Work. 3) One (1) set of digital images provided on CD for program and archival purposes, showing fabrication, installation, and completed phases of Art Work. 4) Maintenance and Materials list as described in Section 15.1. Artist shall advise the Project Manager in writing when these conditions have all been met. The Project Manager shall notify Artist in writing of any deficiencies in meeting the conditions for Final Acceptance. ▪ The City Council has taken action for Final Acceptance of Art Work (“Final Acceptance”).
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Conditions to Final Acceptance. Final Acceptance of the DB Project shall be achieved hereunder if the following conditions have been met: (i) the DB Project is free and clear of all liens, Claims, security interests or encumbrances arising out of or in connection with the performance of the DB Work by Contractor or any Subcontractor during the DB Work Period; (ii) all items on Concessionaire’s Punch List have been completed by Contractor in accordance with the Contract Documents; (iii) all DB Project Documentation, including Final As-Built Drawings and Documentation as required by Section 17.2, to be submitted on or before the Final Acceptance have been submitted and approved by Concessionaire, the Department and the Independent Engineer, as applicable (to the extent such approvals are required from the Independent Engineer under the Project financing documents, the Department under the terms of the Comprehensive Agreement or Concessionaire under the terms of this Agreement, as applicable); (iv) Contractor has paid for all DB Work required to achieve Final Acceptance which was performed by third parties that Contractor is obligated to pay (other than disputed amounts and amounts that are not yet due and payable); (v) Contractor has delivered all required certifications from the engineer of record and architect of record to all necessary Governmental Authorities and to Concessionaire; (vi) Contractor has made all deliveries of Work Product to Concessionaire that are required to be made pursuant to this Agreement; (vii) Contractor has otherwise performed all of the DB Work required by the Contract Documents; (viii) Substantial Completion has occurred in accordance with Section 6.6.3 and “Substantial Completion” has occurred under the Comprehensive Agreement;
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Conditions to Final Acceptance. As a condition precedent to the Owner's issuance of the Notice of Final Acceptance and Owner's obligation to make the Final Payment, Contractor must deliver the following to Owner together with the Application for Final Payment: 5.14.1 A certificate from Contractor that the following have been paid or otherwise satisfied in full: (a) all payrolls (including all union dues, health, welfare, pension plan and other labor associated contributions), invoices for all labor, materials and equipment and all other indebtedness connected with the Work for which Owner may in any way be responsible, and for which Owner has paid to Contractor; and (b) all applicable taxes due and payable prior to Final Payment and arising out of the Work. 5.14.2 An unconditional Release and Waiver of Claim upon final payment in the form attached as Exhibit G, signed (and notarized) by Contractor and all Subcontractors and Vendors and all other persons providing any services, labor, materials or equipment in relation to the Work. 5.14.3 A statement of all unresolved claims for which payment has been and/or shall be withheld by Owner.
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Related to Conditions to Final Acceptance

  • Conditions to Effective Date It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective: (a) this Agreement shall have been duly executed and delivered by the parties hereto; (b) the VMTP Shares shall have a long-term issue credit rating of AAA (or its equivalent) from at least one Rating Agency on the Effective Date; (c) the Fund shall have obtained from Moody’s written confirmation that the issuance of the VMTP Shares by the Fund will not, in and of itself, result in a reduction, placement on review for possible downgrade, or withdrawal of the ratings then assigned by Moody’s to the Auction Preferred Shares; (d) receipt by the Purchasers of executed originals, or copies certified by a duly authorized officer of the Fund to be in full force and effect and not otherwise amended, of all Related Documents (other than the global shares representing the VMTP Shares), as in effect on the Effective Date, and an incumbency certificate with respect to the authorized signatories thereto; (e) receipt by the Purchasers of opinions of counsel for the Fund, substantially to the effect of Exhibit A; (f) except as disclosed in the Offering Memorandum, there shall not be any pending or threatened material litigation of the nature described in Section 4.5 (unless such pending or threatened litigation has been determined by each of the Purchasers to be acceptable); (g) the fees and expenses payable no later than the Effective Date pursuant to Section 2.2(b)(i) hereof shall have been paid; (h) Each of the Purchasers, in its reasonable discretion, shall be satisfied that no change in law, rule or regulation (or their interpretation or administration), in each case, shall have occurred which will adversely affect the consummation of the transaction contemplated by this Agreement; (i) there shall have been delivered to the Purchasers any additional documentation and financial information, including satisfactory responses to its due diligence inquiries, as it reasonably deems relevant; and (j) there shall have been delivered to the Purchasers such information and copies of documents, approvals (if any) and records certified, where appropriate, of trust proceedings as any of the Purchasers may have reasonably requested relating to the Fund’s entering into and performing this Agreement and the other Related Documents to which it is a party, and the transactions contemplated hereby and thereby. The Fund and each of the Purchasers agree that consummation of the Purchase pursuant to this Agreement shall constitute acknowledgment that the foregoing conditions have been satisfied or waived.

  • Conditions to Effectiveness The effectiveness of this Amendment is subject only to the satisfaction (or waiver by each First Amendment Term Lender) of the following conditions precedent (the date on which such conditions have been satisfied (or waived by each First Amendment Term Lender) the “First Amendment Effective Date”): The Incremental Arranger shall have received executed counterparts of (A) this Amendment from the Borrower and each First Amendment Term Lender, (B) that certain Second Lien Guarantor Consent and Reaffirmation dated as of the date hereof, made by each Guarantor in favor of the Administrative Agent and the Collateral Agent, and (C) that certain fee letter dated the date hereof, by and among the Borrower, each First Amendment Term Lender and the Incremental Arranger (the “First Amendment Fee Letter”), from the Borrower and each First Amendment Term Lender. The representations and warranties of the Borrower and each other Loan Party contained in Article V of the Second Lien Credit Agreement or any other Loan Document shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) on and as of the date hereof, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 5(b), the representations and warranties contained in Sections 5.05(a) and (b) of the Second Lien Credit Agreement shall be deemed to refer to the most recent financial statements furnished pursuant to Sections 6.01(a) and (b) of the Second Lien Credit Agreement, respectively, prior to the date hereof and the representations and warranties in Sections 5.12, 5.14 and 5.17 of the Second Lien Credit Agreement shall be made by reference to the date hereof. The Offeror shall make each of the Major Representations in respect of itself and such Major Representations shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) on and as of the date hereof. No Event of Default shall have occurred and be continuing as of the date hereof.

  • Conditions for Advance and Conditions to Closing Section 7.1.

  • Conditions to Loan Section 3.1 Conditions to Funding of the Loan on the Closing Date......................................... 33

  • Conditions to Effectiveness of Extension As a condition precedent to any such extension, the Borrower shall (i) deliver to the Administrative Agent a certificate of each Loan Party dated as of the Existing Maturity Date or Extended Revolving Maturity Date, as applicable, signed by a Responsible Officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (B) certifying that, before and after giving effect to such extension, (x) the representations and warranties contained in Article VI and the other Loan Documents are true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the Existing Revolving Maturity Date or the Extended Revolving Maturity Date, as applicable, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 6.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 7.01, and (y) no Default exists and (ii) pay a fee to the Administrative Agent, for the pro rata benefit of the applicable Lenders, equal to 0.075% on the amount of the Aggregate Revolving Commitments at the time of each such extension.