Failure to Achieve Final Completion Sample Clauses
The "Failure to Achieve Final Completion" clause defines the consequences and procedures that apply when a contractor does not finish all contractual obligations by the agreed-upon final completion date. Typically, this clause outlines the steps the owner may take, such as withholding final payment, assessing liquidated damages, or engaging another party to complete the remaining work. Its core function is to incentivize timely project completion and provide a clear framework for resolving delays, thereby protecting the owner's interests and ensuring project delivery standards are met.
Failure to Achieve Final Completion. If Owner fails to issue a Certificate of Final Completion pursuant to Section 18.2(a) or a written notice under Section 18.2(b) above within *** after receipt of Contractor's notice under Section 18.2, Final Completion shall be deemed to have been achieved as of the date Contractor gave its notice to Owner under Section 18.2. If Contractor receives a notice under Section 18.2(b) above, Contractor shall take the necessary steps to achieve Final Completion of the Facility at Contractor's cost. Upon completion of such corrective action, Contractor shall provide a new notice of Final Completion to Owner for approval and the procedures set forth under Sections 18.2 and 18.3 shall be repeated until such time as the Certificate of Final Completion has been accepted by Owner. Any disputes regarding the existence or correction of any alleged deficiencies shall be resolved under Article 28.
Failure to Achieve Final Completion. Except to the extent excused due to the occurrence of Uncontrollable Circumstances, the failure of the Design-Builder to achieve Final Completion by the date set forth in Section 3.21 (Final Completion);
Failure to Achieve Final Completion. The Design-Builder shall achieve Final Completion within 180 days after the Acceptance Date; provided that, if CDPH has issued an Interim Operations Approval that stipulates a condition for obtaining the New Domestic Water Supply Permit which is of a duration greater than 180 days after the Acceptance Date, the Design-Builder shall achieve all of the items required for Final Completion no later than 180 days after the Acceptance Date, and shall obtain the New Domestic Water Supply Permit no later than 60 days following the specified timeframe for completing such condition. If the Design- Builder fails to achieve any of the items set forth in subsection (A) of this Section by the last day of the applicable period specified in the preceding sentence, an Event of Default by the Design- Builder will be deemed to have occurred under Section 8.5 (Events of Default by the Design- Builder) notwithstanding any absence of notice, further cure opportunity or other procedural rights accorded the Design-Builder thereunder, and the Owner shall thereupon have the right to terminate this Design-Build Agreement upon written notice to the Design-Builder. The Owner’s right of termination under this Section shall apply notwithstanding any interim operations. Upon any such termination, the Owner shall have all of the rights provided in Article 8 (Breach, Default, Remedies and Termination) upon a termination of the Design-Builder for cause.
Failure to Achieve Final Completion. If Contractor receives a notice under Section 18.2(b) above, Contractor shall take the necessary steps to achieve Final Completion of the Facility at Contractor’s cost. Upon completion of such corrective action, Contractor shall provide a new Certificate of Final Completion and supporting documentation to Owner for approval and the procedures set forth under Section 18.2 and this Section 18.3 shall be repeated until such time as the Certificate of Final Completion has been accepted by Owner. Any disputes regarding the existence or correction of any alleged deficiencies shall be resolved under Article 28.
Failure to Achieve Final Completion. In the event that Final Completion occurs subsequent to the scheduled Final Completion Date, the Company shall be liable for and shall pay to the Village, or cause the Company’s surety to pay the Village, daily delay liquidated damages as herein stipulated for each and every calendar day that the Company shall have failed to achieve Final Completion after the scheduled Final Completion Date. The amount of daily delay liquidated damages payable by the Company pursuant to this Section shall be $5,000.00 for each and every calendar day of delay in achieving the Final Completion Date. The amount may be retained by the Village from current progress payments or from retainage, but if the amount owing and/or retainage is insufficient to fully pay the Village said liquidated damages, the Company agrees to pay, or cause the Company’s surety to pay, said insufficiency to the Village.
Failure to Achieve Final Completion. If Final Completion is not achieved within thirty (30) days of the date upon which Substantial Completion is actually achieved; or
Failure to Achieve Final Completion. Except to the extent excused due to the occurrence of Uncontrollable Circumstances, the failure of the DBOM Contractor to achieve Final Completion by the date set forth in Section 9.7 (Final Completion); or
Failure to Achieve Final Completion. If Owner fails to issue a Certificate of Final Completion pursuant to Section 18.2(a) or a written notice under Section 18.2(b) above within *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. ten (10) Business Days after receipt of Contractor's notice under Section 18.2, Final Completion shall be deemed to have been achieved as of the date Contractor gave its notice to Owner under Section 18.2. If Contractor receives a notice under Section 18.2(b) above, Contractor shall take the necessary steps to achieve Final Completion of the Facility at Contractor's cost. Upon completion of such corrective action, Contractor shall provide a new notice of Final Completion to Owner for approval and the procedures set forth under Sections 18.2 and 18.3 shall be repeated until such time as the Certificate of Final Completion has been accepted by Owner. Any disputes regarding the existence or correction of any alleged deficiencies shall be resolved under Article 28.
Failure to Achieve Final Completion. In the event that Final Completion occurs subsequent to the scheduled Final Completion Date, the Company shall be liable for and shall pay to the Village, or cause the Company’s surety to pay the Village, daily delay liquidated damages as herein stipulated for each and every calendar day that the Company shall have failed to achieve Final Completion after the scheduled Final Completion Date. The amount of daily delay liquidated damages payable by the Company pursuant to this Section shall be $5,000.00 for each and every calendar day of delay in achieving the Final Completion Date. Such damages shall be payable by the Company, or the Company’s surety, to the Village as a direct reduction to the Design/Build Price or within ten (10) days of written notice by the Village and, upon any termination for failure to achieve Final Completion, upon the date of termination.