Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction of all the following conditions for the entire Project: 1. Developer has completed the design and construction of Phase II of the Project in accordance with the Contract Documents, including all Project equipment required to be installed and commissioned by Developer, except for Punch List items; 2. All lanes of traffic as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes can be opened to traffic; 3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests; 4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; 5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals; 6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period have been submitted and accepted by the Department as required under the Contract Documents; 7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5; 8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion); 9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the Department, as applicable, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and 10. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Plan. 4.9.2.2 Approximately [60] days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time of the notice. Developer shall thereafter provide the Department with written notification of the date Developer determines it has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion. 4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved. 4.9.2.4 Within the [14]-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; or
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction shall occur only when all of all the following conditions for have been satisfied, unless waived by the entire ProjectVillage in writing:
1. Developer (i) the Company has completed submitted and the design and construction of Phase II of the Project Village has approved in accordance with the Contract Documentswriting, including all Project equipment required to be installed and commissioned by Developer, except for Punch List items;
2. All lanes of traffic as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes can be opened to traffic;
3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required written notification by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties Company that Developer is obligated to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation construction of the Project, or any agreed upon portion or component thereof, is physically complete and there exists no uncured violation of all Design/Build Work pertaining to the terms Project, or any agreed upon portion or component thereof, is complete and conditions of operational in all respects in compliance with this Agreement, except the items on the Punch List, so that the Wastewater Facilities, or any such Governmental Approval agreed upon portion or other third- party approvalscomponent thereof, can be occupied, used and lawfully operated for their intended purposes;
6. All plans, manuals and reports (ii) a preliminary or temporary certificate of occupancy has been issued for the O&M Work Project or Sites, or any agreed upon portion or component thereof, if required by Applicable Law;
(iii) all Utilities specified or required under this Agreement to be performed during the Operating Period have been submitted and accepted arranged for by the Department as required under the Contract DocumentsCompany are connected and functioning properly;
7. Developer has made all deposits to (iv) the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the Department, as applicable, certified and conformed copies of the bond, original letter of credit Company and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted Village have agreed in writing upon the Punch List in accordance with Section 6.7.4 (or, if they are unable to agree, the Village shall have prepared and issued the Punch List to the Company within 30 days of the Company having submitted its proposed Punch List to the Village);
(v) the Company has delivered to the Village written certification from the Equipment manufacturers (including manufacturers of information technology systems and instrumentation and controls) that all major items of machinery and Equipment included in the Project, or any agreed upon portion or component thereof, have been properly installed and tested in accordance with the manufacturers' recommendations and requirements;
(vi) the Company has delivered to the Village the final Operating Protocol and the Operation and Maintenance Manual;
(vii) the Company has been authorized by all appropriate Governmental Authorities to perform the procedures necessary and schedules set forth in has achieved Acceptance and conducted the Project Management Plan.Acceptance and Start Up Tests and Standards required by this Agreement and Applicable Law, and such authorization has not been withdrawn, revoked, suspended, superseded, or materially impaired or amended;
4.9.2.2 Approximately [60] days prior (viii) the Company has submitted DEP Form 62-620.910(12) to the date on which Developer expects to achieve Substantial CompletionFlorida Department of Environmental Protection;
(ix) All necessary approvals, Developer shall provide written notice to permits and licenses have been issued by Governmental Authorities for the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time operation of the notice. Developer shall thereafter provide Wastewater Facilities, or any agreed upon portion or component thereof;
(x) the Department with written notification of Company has successfully completed Acceptance and Start-Up Tests and Standards for the date Developer determines it has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day period Wastewater Facilities described in Section 4.9.2.36.17 of this Agreement and the Wastewater Facilities, or any agreed upon portion or component thereof, are operational and can be used for their intended purposes and capacity as specified in this Agreement;
(xi) the Department Company has submitted written certification that all of the foregoing conditions have been satisfied and the Village has approved the Company's certification, which approval shall either (a) issue the written notice of Substantial Completion, be effective as of the date that of the conditions to Company's certification; and
(xii) the Village has provided the Company with a Certificate of Substantial Completion were actually satisfied; orfor the Wastewater Facilities, or any agreed upon portion or component thereof. Alternatively, Substantial Completion shall occur on any date certified by the Village, which shall have discretion to waive any of the foregoing conditions.
Appears in 1 contract
Sources: Design, Build and Operate Agreement
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Design-Build Contractor shall not commence start-up operations in preparation for conducting an applicable Acceptance Test until “Substantial Completion” has occurred. Substantial Completion upon satisfaction shall occur only when all of all the following conditions for the entire Projecthave been satisfied:
(1. Developer ) The Design-Build Contractor has completed delivered to the design Sewer District written certification from the equipment manufacturers that all major items of machinery and construction of Phase II of equipment included in the Project have been properly installed and tested in accordance with the Contract Documentsmanufacturers’ recommendations and requirements;
(2) The Design-Build Contractor has provided training, as necessary, to personnel and/or contractors of the Sewer District regarding operation of the Odor Control Systems and Improvements as well as any and all documentation surrounding the Odor Control Systems and Improvements, including but not limited to the Operations and Maintenance Information Systems, including all Project equipment manufacturer’s operation and maintenance manuals required to be installed and commissioned by Developer, except for Punch List itemsdelivered under this Design-Build Agreement;
2. All lanes of traffic as set forth in the Design Documents are in their final configuration (3) The Design-Build Contractor has obtained all Governmental Approvals and Developer has certified that such lanes can be opened to trafficapprovals have not been withdrawn, revoked, superseded, suspended, or materially impaired or amended;
3. The relevant systems and equipment installed by Developer have passed the tests (4) All Utilities specified or required under the Design-Build Agreement to be arranged for by the Design-Build Contractor are connected and functioning properly;
(5) The Design-Build Contractor and the Sewer District have agreed in writing upon the Final Punch List (or, if are unable to agree, the Sewer District shall have prepared and issued the final punch list to the Design-Build Contractor within fifteen (15) business days of the Design-Build Contractor having submitted its final punch list to the Sewer District);
(6) the Sewer District has received and indicated, in writing, that it has no objection to the certification by the Design-Build Contractor that all Contract Documents Services pertaining to the Project, excepting the items on the Final Punch List, are complete and Developer in all respects are in compliance with this Design-Build Agreement;
(7) The Design-Build Contractor has delivered to the Department Sewer District a claims statement setting forth in detail all reportsclaims of every kind whatsoever of the Design-Build Contractor connected with, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by arising out of, the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties that Developer is obligated Services pertaining to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation arising out of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the Department, as applicable, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Plan.
4.9.2.2 Approximately [60] days based on events prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice when the Design-Build Contractor provides such statement to the Department so as Sewer District; and
(8) The Design-Build Contractor has submitted written certification that all of the foregoing conditions have been satisfied and the Sewer District has received and indicated, in writing, that it has no objection to allow the Department to promptly commence its review of those conditions to Design-Build Contractor’s certification. Alternatively, Substantial Completion amenable shall occur on any date certified by the Sewer District, which shall have discretion to being reviewed at the time waive any of the notice. Developer shall thereafter provide the Department with written notification of the date Developer determines it has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completionforegoing conditions.
4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; or
Appears in 1 contract
Sources: Design Build Agreement
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction shall occur only when all of all the following conditions for have been satisfied, unless waived by the entire ProjectVillage in writing:
1. Developer (i) the Company has completed submitted and the design and construction of Phase II of the Project Village has approved in accordance with the Contract Documentswriting, including all Project equipment required to be installed and commissioned by Developer, except for Punch List items;
2. All lanes of traffic as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes can be opened to traffic;
3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required written notification by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties Company that Developer is obligated to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation construction of the Project, or any agreed upon portion or component thereof, is physically complete and there exists no uncured violation of all Design/Build Work pertaining to the terms Project, or any agreed upon portion or component thereof, is complete and conditions of operational in all respects in compliance with this Agreement, except the items on the Punch List, so that the Wastewater Facilities, or any such Governmental Approval agreed upon portion or other third- party approvalscomponent thereof, can be occupied, used and lawfully operated for their intended purposes;
6. All plans, manuals and reports (ii) a preliminary or temporary certificate of occupancy has been issued for the O&M Work Project or Sites, or any agreed upon portion or component thereof, if required by Applicable Law;
(iii) all Utilities specified or required under this Agreement to be performed during the Operating Period have been submitted and accepted arranged for by the Department as required under the Contract DocumentsCompany are connected and functioning properly;
7. Developer has made all deposits to (iv) the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the Department, as applicable, certified and conformed copies of the bond, original letter of credit Company and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted Village have agreed in writing upon the Punch List in accordance with Section 6.16.4 (or, if they are unable to agree, the Village shall have prepared and issued the Punch List to the Company within 20 days of the Company having submitted its proposed Punch List to the Village);
(v) the Company has delivered to the Village written certification from the Equipment manufacturers (including manufacturers of information technology systems and instrumentation and controls) that all major items of machinery and Equipment included in the Project, or any agreed upon portion or component thereof, have been properly installed and tested in accordance with the manufacturers' recommendations and requirements;
(vi) the Company has delivered to the Village the final Operating Protocol and the Operation and Maintenance Manual;
(vii) the Company has been authorized by all appropriate Governmental Authorities to perform the procedures necessary and schedules set forth in has achieved Acceptance and conducted the Project Management Plan.Acceptance and Start Up Tests and Standards required by this Agreement and Applicable Law, and such authorization has not been withdrawn, revoked, suspended, superseded, or materially impaired or amended;
4.9.2.2 Approximately [60] days prior (viii) the Company has submitted DEP Form 62-620.910(12) to the date on which Developer expects to achieve Substantial CompletionFlorida Department of Environmental Protection;
(ix) All necessary approvals, Developer shall provide written notice to permits and licenses have been issued by Governmental Authorities for the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time operation of the notice. Developer shall thereafter provide Wastewater Facilities, or any agreed upon portion or component thereof;
(x) the Department with written notification of the date Developer determines it Company has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer successfully completed Acceptance and the Department shall meet Start-Up Tests and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation Standards as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day period described in Section 4.9.2.36.17 of this Agreement for the Wastewater Facilities, or any agreed upon portion or component thereof, and such are operational and can be used for their intended purposes and capacity as specified in this Agreement;
(xi) the Department Company has submitted written certification that all of the foregoing conditions have been satisfied and the Village has approved the Company's certification, which approval shall either (a) issue the written notice of Substantial Completion, be effective as of the date of the Company's certification;
(xii) the Company has videotaped all Collection Systems to be placed into service and provided the Village with a copy of the videotape to show that all Collection Systems are free of debris, rocks, soil, etc., and are in an acceptable condition; and
(xiii) the conditions to Village has provided the Company with a Certificate of Substantial Completion were actually satisfied; orfor the Wastewater Facilities, or any agreed upon portion or component thereof.
Appears in 1 contract
Sources: Design, Build and Operate Agreement
Conditions to Substantial Completion.
4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction of all the following conditions for the entire Project:
1. Developer has completed the design and construction of the Phase II of the Project Construction in accordance with the Contract Documents, including all Project equipment required to be installed and commissioned by Developer, except for (a) remaining Construction Work the completion of which will not require any Closures at any time, and (b) Punch List itemsitems the existence and completion of which will not require any Closures at any time;
2. All lanes of traffic traffic, ramps, shoulders and points of entry and exit as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes lanes, ramps, shoulders and entry and exit points can be opened to normal and safe traffic;
3. The relevant systems and equipment installed by Developer comply with applicable Laws, have passed the State Fire Marshal and any other inspections and tests required under the Contract Documents Documents, and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period After Construction have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security All Insurance Policies required under Section 16.2.3 has 16.1 and Appendix 9 for the O&M After Construction have been obtained and is are in full force and effect, and Developer has delivered to the Department written binders of insurance verifying coverage from the relevant Insurers of such Insurance Policies;
10. Developer demonstrates to the Department’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, as applicablerequired pursuant to Section 3, certified and conformed copies 17.10 of Division II, for the bondO&M After Construction, original letter which demonstration shall consist of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver (a) delivery to the Department of a written certificate, in form acceptable to the originals Department, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to perform the O&M After Construction in accordance with the terms and conditions of the bondContract Documents and Project Management Plan, and (b) delivery to the Department of training records and course completion certificates issued to each of the subject personnel; and
1011. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Plan.
4.9.2.2 Approximately [60] 60 days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time of the notice. Developer shall thereafter provide the Department with written notification of Following the date Developer determines it has achieved Substantial Completion, Developer shall provide the Department with written notification of such date. During the [14]-day ten-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer ▇▇▇▇▇▇▇▇▇ has met the criteria for Substantial Completion.
4.9.2.3 Within [14] 20 days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day 20-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; oror (b) notify Developer in writing of the reasons why Substantial Completion has not been achieved. If the Department and Developer cannot agree as to the date of Substantial Completion, such Dispute shall be resolved according to the Dispute Resolution Procedures; provided, however, that the Parties may proceed directly to the Disputes Review Board and need not comply with subsections 1 through 4 as described in Section 24.2.1.
4.9.2.5 In connection with the Department’s issuance of the notice of Substantial Completion, the Department shall have the right in its reasonable discretion to add items to the Punch List to address incomplete work or work in need of repair. Any Dispute regarding whether an item added by the Department is appropriately included on the Punch List shall be resolved according to the Dispute Resolution Procedures. The notice of Substantial Completion will indicate the actual date on which Developer achieved Substantial Completion.
Appears in 1 contract
Sources: Public Private Partnership Agreement
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of following are the conditions precedent for Substantial Completion upon satisfaction of all the following conditions for the entire ProjectCompletion:
a. The Plant has been constructed, successfully tested and commissioned such that, among other things:
1. Developer the Plant (i) has completed achieved Biogas Substantial Completion and (ii) is operating and generating the design specified output pursuant to the Construction Documents and construction of Phase II of is supplying upgraded Biogas to the Project Gas Purchaser in full accordance with the Contract DocumentsGOA, including all Project equipment required to be installed and commissioned by Developer, except for Punch List itemssatisfaction of the requirements of Commercial Operation;
2. All lanes A successful operational performance test of traffic as set forth in the Design Documents Plant for its intended use has been completed demonstrating that Plant performance criteria of upgraded biogas generation and emission levels have been met and are in their final configuration and Developer has certified that such lanes can be opened to trafficsatisfactory;
3. The relevant systems the Work has been performed in accordance with this Agreement and equipment installed by Developer have passed the tests required under the Contract Documents Plant as a whole is capable of being operated in a safe and Developer has delivered to the Department all reports, data and documentation relating to such testsproper manner;
4. All Utility Adjustment Work all civil works are complete and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with meet the requirements of this Agreement except for those civil works (if any), which are required to be performed after Substantial Completion to the applicable agreements with such third parties, and Developer has paid for all work by third parties extent that Developer is obligated to pay for, other than disputed amountsthe same are Punch List Items;
5. Developer the Performance Test as defined in Annex 18 has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvalsbeen Successfully Completed;
6. All plansContractor has obtained, manuals and reports Principal has received copies of, all Permits and Related Rights necessary for the O&M Work commencement and ongoing operation of the Plant in a safe, efficient, and reliable manner and otherwise in accordance with Applicable Law and otherwise required to be performed during the Operating Period have been submitted obtained by Contractor hereunder as of such time, such Permits and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is Related Rights are in full force and effect, and Developer has delivered Contractor shall have completed all requirements under each such Permit and Related Right required to the Department, be completed as applicable, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bondsuch time; and
107. Developer Contractor has prepared procured and submitted to the Punch List in accordance with Principal the procedures and schedules Performance Bond set forth in Annex 12 hereto issued by a reputable bonding company authorized to do business in the Project Management Planjurisdiction in which the Plant is located covering the warranty period specified under Article 14 below.
4.9.2.2 Approximately [60] days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review 8. A Certificate of those conditions to Substantial Completion amenable to being reviewed at in the time of the notice. Developer shall thereafter provide the Department with written notification of the date Developer determines it form attached as Annex 13D has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer been executed by Contractor and the Department shall meet countersigned by Principal and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial CompletionLender’s Engineer.
4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; or
Appears in 1 contract
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice Completion of Substantial Completion any Facility shall be deemed to have occurred upon the satisfaction of all the following conditions for with respect to such Facility, and with respect to each Facility, Lessee shall provide the entire Projectfollowing to the satisfaction of (including, with respect to writings, such writings being in form and substance reasonably satisfactory to Agent or, where expressly provided below, the Required Lenders), or the waiver in writing by, Agent (at the direction of Required Lenders), within 60 days of substantial completion of such Facility and prior to the final Advance with respect to such Facility under Section 3.5:
1(a) Architect's Certificate. Developer has completed the design and construction of Phase II Construction Agent shall have furnished to Agent, with sufficient counterpart originals for Agent to distribute to all Participants, a certificate of the Project Architect substantially in the form of Exhibit K (or such other form reasonably acceptable to Agent) dated at or about the Completion Date and stating that the Facility has been completed substantially in accordance with the Contract DocumentsPlans and Specifications and such Facility is ready for occupancy; (ii) such Facility, as so completed, complies in all material respects with all Applicable Laws and Regulations, and certifying that attached thereto is a true and correct copy of the "as-built" Plans and Specifications for such Facility (which may be in the form of the initial Plans and Specifications for such Facility, with all change orders attached), and (iii) all licenses, permits and approvals of any Authority affecting the Site, including all Project equipment required a final, unconditional certificate of occupancy have been obtained from the necessary Authorities; provided, that the certificate of occupancy may be a temporary certificate of occupancy, in which event, Lessee, as Construction Agent, hereby covenants to be installed and commissioned by Developer(x) obtain a final, except for Punch List items;
2. All lanes unconditional certificate of traffic as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes can be opened to traffic;
3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements occupancy within sixty days after substantial completion of the applicable agreements with such third parties, Facility and Developer has paid for all work by third parties that Developer is obligated (y) promptly (and in any event prior to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation disbursement of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion final Advance pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured 3.5 with respect to such Site) deliver to Agent a true, correct and complete copy of such final, unconditional certificate of occupancy, certified by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the DepartmentLessee, as applicable, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management PlanConstruction Agent.
4.9.2.2 Approximately [60] days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time of the notice. Developer shall thereafter provide the Department with written notification of the date Developer determines it has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; or
Appears in 1 contract
Sources: Participation Agreement (Genesis Health Ventures Inc /Pa)
Conditions to Substantial Completion.
4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction of all the following conditions for the entire Project:
1. Developer has completed the design and construction of the Phase II of the Project Construction in accordance with the Contract Documents, including all Project equipment required to be installed and commissioned by Developer, except for (a) remaining Construction Work the completion of which will not require any Closures at any time, and (b) Punch List itemsitems the existence and completion of which will not require any Closures at any time;
2. All lanes of traffic traffic, ramps, shoulders and points of entry and exit as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes lanes, ramps, shoulders and entry and exit points can be opened to normal and safe traffic;
3. The relevant systems and equipment installed by Developer comply with applicable Laws, have passed the State Fire Marshal and any other inspections and tests required under the Contract Documents Documents, and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period After Construction have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security All Insurance Policies required under Section 16.2.3 has 16.1 and Appendix 9 for the O&M After Construction have been obtained and is are in full force and effect, and Developer has delivered to the Department written binders of insurance verifying coverage from the relevant Insurers of such Insurance Policies;
10. Developer demonstrates to the Department’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, as applicablerequired pursuant to Section 3, certified and conformed copies 17.10 of Division II, for the bondO&M After Construction, original letter which demonstration shall consist of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver (a) delivery to the Department of a written certificate, in form acceptable to the originals Department, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to perform the O&M After Construction in accordance with the terms and conditions of the bondContract Documents and Project Management Plan, and (b) delivery to the Department of training records and course completion certificates issued to each of the subject personnel; and
1011. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Plan.
4.9.2.2 Approximately [60] 60 days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time of the notice. Developer shall thereafter provide the Department with written notification of Following the date Developer determines it has achieved Substantial Completion, Developer shall provide the Department with written notification of such date. During the [14]-day ten-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] 20 days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day 20-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied, or (b) notify Developer in writing of the reasons why Substantial Completion has not been achieved. If the Department and Developer cannot agree as to the date of Substantial Completion, such Dispute shall be resolved according to the Dispute Resolution Procedures; orprovided, however, that the Parties may proceed directly to the Disputes Review Board and need not comply with Section 24.2.
4.9.2.5 In connection with the Department’s issuance of the notice of Substantial Completion, the Department shall have the right in its reasonable discretion to add items to the Punch List to address incomplete work or work in need of repair. Any Dispute regarding whether an item added by the Department is appropriately included on the Punch List shall be resolved according to the Dispute Resolution Procedures. The notice of Substantial Completion will indicate the actual date on which Developer achieved Substantial Completion.
Appears in 1 contract
Sources: Public Private Partnership Agreement
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice Completion of Substantial Completion the ------------------------------------ New Facility shall be deemed to have occurred upon the satisfaction of all the following conditions for conditions, and Lessee shall provide the entire Project:
1. Developer has completed following to the design satisfaction of (including, with respect to writings, such writings being in form and construction substance reasonably satisfactory to Lessor and Agent or, where expressly provided below, the Required Lenders), or the waiver in writing by, Lessor and Agent (at the direction of Phase II Required Lenders), within thirty (30) days of substantial completion of the Project New Facility and prior to the final Advance with respect to the New Facility under Section 3.5: -----------
(a) Architect's Certificate. Construction Agent shall have furnished ----------------------- to Lessor and Agent, a certificate of the Architect substantially in a form acceptable to Lessor and Agent dated at or about the Completion Date and stating that the New Facility has been completed substantially in accordance with the Contract DocumentsPlans and Specifications and the New Facility is ready for occupancy; (ii) the New Facility, as so completed, complies in all material respects with all Applicable Laws and Regulations, and certifying that attached thereto is a true and correct copy of the "as-built" Plans and Specifications for the New Facility, and (iii) all licenses, permits and approvals of any Governmental Authority affecting the Site, including all Project equipment required a final, unconditional certificate of occupancy, have been obtained from the necessary Governmental Authorities; provided that the certificate of occupancy -------- may be a temporary certificate of occupancy, in which event, Construction Agent hereby covenants to be installed and commissioned by Developer(x) obtain a final, except for Punch List items;
2. All lanes unconditional certificate of traffic as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes can be opened to traffic;
3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements occupancy within sixty (60) days after substantial completion of the applicable agreements with such third parties, New Facility and Developer has paid for all work by third parties that Developer is obligated (y) promptly (and in any event prior to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation disbursement of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion final Advance pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained 3.5) deliver to Lessor and is in full force Agent a true, correct and effectcomplete ----------- copy of such final, and Developer has delivered to the Department, as applicableunconditional certificate of occupancy, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Planby Construction Agent.
4.9.2.2 Approximately [60] days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time of the notice. Developer shall thereafter provide the Department with written notification of the date Developer determines it has achieved Substantial Completion. During the [14]-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; or
Appears in 1 contract
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction of all the following conditions for the entire Project:
1. Developer has completed the design and construction of the Phase II of the Project Construction in accordance with the Contract Documents, including all Project equipment required to be installed and commissioned by Developer, except for (a) remaining Construction Work the completion of which will not require any Closures at any time, and (b) Punch List itemsitems the existence and completion of which will not require any Closures at any time;
2. All lanes of traffic traffic, ramps, shoulders and points of entry and exit as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes lanes, ramps, shoulders and entry and exit points can be opened to normal and safe traffic;
3. The relevant systems and equipment installed by Developer comply with applicable Laws, have passed the State Fire Marshal and any other inspections and tests required under the Contract Documents Documents, and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period After Construction have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security All Insurance Policies required under Section 16.2.3 has 16.1 and Appendix 9 for the O&M After Construction have been obtained and is are in full force and effect, and Developer has delivered to the Department written binders of insurance verifying coverage from the relevant Insurers of such Insurance Policies;
10. Developer demonstrates to the Department’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, as applicablerequired pursuant to Section 3, certified and conformed copies 17.10 of Division II, for the bondO&M After Construction, original letter which demonstration shall consist of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver (a) delivery to the Department of a written certificate, in form acceptable to the originals Department, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to perform the O&M After Construction in accordance with the terms and conditions of the bondContract Documents and Project Management Plan, and (b) delivery to the Department of training records and course completion certificates issued to each of the subject personnel; and
1011. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Plan.
4.9.2.2 Approximately [60] 60 days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall provide written notice to the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at the time of the notice. Developer shall thereafter provide the Department with written notification of Following the date Developer determines it has achieved Substantial Completion, Developer shall provide the Department with written notification of such date. During the [14]-day ten-day period following receipt of such notice, Developer and the Department shall meet and confer to facilitate the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] 20 days following such meeting, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved.
4.9.2.4 Within the [14]-day 20-day period described in Section 4.9.2.3, the Department shall either (a) issue the written notice of Substantial Completion, effective as of the date that the conditions to Substantial Completion were actually satisfied; oror (b) notify Developer in writing of the reasons why Substantial Completion has not been achieved. If the Department and Developer cannot agree as to the date of Substantial Completion, such Dispute shall be resolved according to the Dispute Resolution Procedures; provided, however, that the Parties may proceed directly to the Disputes Review Board and need not comply with subsections 1 through 4 as described in Section 24.2.1.
4.9.2.5 In connection with the Department’s issuance of the notice of Substantial Completion, the Department shall have the right in its reasonable discretion to add items to the Punch List to address incomplete work or work in need of repair. Any Dispute regarding whether an item added by the Department is appropriately included on the Punch List shall be resolved according to the Dispute Resolution Procedures. The notice of Substantial Completion will indicate the actual date on which Developer achieved Substantial Completion.
Appears in 1 contract
Sources: Public Private Partnership Agreement
Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Substantial Completion for the Project will occur upon satisfaction Landlord’s or Landlord’s certification that all of all the following conditions for (the entire Project:“Substantial Completion Conditions”) have been satisfied (or waived by Landlord in its sole discretion):
1. Developer 7.20.1 all of the Work (other than Punch List items) has been completed in accordance with the design requirements of the Contract Documents, such that Tenant and construction of Phase II of any required third parties are able to use the Project in accordance with the Contract DocumentsBenchmark Requirements and this Agreement;
7.20.2 Tenant has certified, including substantially in the form agreed between the parties, that all Project equipment required to be installed and commissioned by Developer, except for D&C Work (other than Punch List items) has been completed in accordance with the requirements of this Lease;
2. All lanes 7.20.3 the engineer of traffic as set forth record or the architect of record has inspected and certified, substantially in the Design Documents are form agreed between the parties, that all Work (other than Punch List items) has been completed in their final configuration and Developer has certified that such lanes can be opened to traffic;
3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies accordance with the requirements of the applicable agreements with such third partiesContract Documents;
7.20.4 all required certifications for the Final Construction Documents and for all mechanical, electrical, electronics and other systems have been received;
7.20.5 Tenant has prepared, and Developer has paid received approval from Landlord of, the Punch List for all work by third parties that Developer is obligated to pay forthe Project, other than disputed amountsas applicable;
5. Developer 7.20.6 all required Regulatory Approvals needed for occupancy of the Project have been obtained and copies have been provided to the City and Landlord;
7.20.7 Landlord has received, and paid satisfied all associated fees due and owing for, other obligations for the Project under this Lease;
7.20.8 Tenant has complied with all applicable Governmental Approvals and other third-party approvals requirements of this Lease that are required for the general public, the OM&C Contractor, Tenant and Landlord to use the Project, as applicable; and
7.20.9 all other Major Submittals required prior to or on Substantial Completion have been submitted and, where required, Verified against the Benchmark Requirements by Landlord.
7.21.1 Tenant must provide written notice to Landlord of the anticipated date for satisfying all Substantial Completion Conditions no later than ninety (90) Days prior to the anticipated date. The notice must include a list of all Substantial Completion Conditions that will be satisfied to allow Landlord to issue the Certificate of Substantial Completion. No later than sixty (60) Days prior to satisfying all of the Substantial Completion Conditions, Tenant must meet and operation confer with Landlord to confirm that the list of requirements provided above is in accordance with this Lease.
7.21.2 Following the initial meeting, Tenant and Landlord will meet, confer and exchange information on a regular basis to allow Landlord to orderly and timely inspect the Project, review the Final Construction Documents for the Project, and there exists no uncured violation determine whether Tenant has satisfied all of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the Department, as applicable, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management PlanConditions.
4.9.2.2 Approximately [60] days prior to the date on which Developer expects to achieve Substantial Completion, Developer shall 7.21.3 Tenant must provide written notice to Landlord promptly after it has satisfied all of the Department so as to allow the Department to promptly commence its review of those conditions to Substantial Completion amenable to being reviewed at Conditions, together with all supporting documents for the time Project. Within ▇▇▇▇▇▇ (30) Days of the notice. Developer shall thereafter provide the Department with written notification of the date Developer determines it has achieved Substantial Completion. During the [14]-day period following receipt of such receiving Tenant’s notice, Developer and the Department shall meet and confer to facilitate Landlord must:
7.21.3.1 inspect the Department's determination of whether Developer has met the criteria for Substantial Completion.
4.9.2.3 Within [14] days following such meetingProject, the Department shall conduct an inspection of the Project and its components, a review of the Final Design Documents, Construction Documents, other Submittals Documents and such conduct any other investigation as may be necessary to evaluate whether the Substantial Completion is achievedConditions have been satisfied; and
7.21.3.2 following the inspection referred to above, either:
7.21.3.2.1 if the Landlord determines that all of the Substantial Completion Conditions have been satisfied, issue the Certificate of Substantial Completion; or
7.21.3.2.2 if the Landlord determines that any Substantial Completion Condition has not been satisfied, notify Tenant in writing of those Substantial Completion Conditions that have not been satisfied.
4.9.2.4 Within 7.21.4 Tenant must notify Landlord if it disputes the [14]-day period described in Section 4.9.2.3Landlord’s determination within five (5) Days of receiving such determination. If Tenant does not notify Landlord of a dispute within that five-Day period, Tenant will be deemed to have accepted the Landlord’s determination.
7.21.5 If Tenant accepts or is deemed to have accepted the Landlord’s determination, Tenant may resubmit a notice once all Substantial Completion Conditions have been satisfied.
7.21.6 If Tenant issues a notice disputing the Landlord’s decision and the Parties are unable to resolve the dispute within a further fourteen (14) Days of that notice, the Department shall either matter will be resolved in accordance with Article 38 (a) issue Dispute Resolution Provisions).
7.21.7 In connection with Landlord’s issuance of the written notice Certificate of Substantial Completion, effective as of Landlord, may in its discretion add or remove items to or from the date that the conditions to Substantial Completion were actually satisfied; orPunch List.
Appears in 1 contract
Sources: Ground Lease