Common use of Final Acceptance Certificate Clause in Contracts

Final Acceptance Certificate. (1) A Final Acceptance Certificate for a Dedicated Utility or Improvement shall not be issued earlier than the expiry of the Maintenance Period. (2) Two (2) months prior to the expiration of the Maintenance Period for the Dedicated Utility or Improvement or earlier, depending upon existing or anticipated weather conditions, the Developer and the Developer’s Consulting Engineer shall carry out a complete inspection of the Dedicated Utility or Improvement and shall promptly correct any defects or deficiencies noted during the inspection. Upon correcting all defects and deficiencies and submitting as- built drawings, information and other documents required by the Servicing Standards, the Developer shall submit four (4) copies of a proposed Final Acceptance Certificate for the Dedicated Utility or Improvement signed by the Developer and its Consulting Engineer to the Manager. (3) The Manager shall make an inspection of the Dedicated Utility or Improvement within one (1) month of the receipt of the proposed Final Acceptance Certificate or such longer period as is determined to be required by the Manager to permit a proper inspection, and if as a result of the inspection the Manager is satisfied that the Dedicated Utility or Improvement is in satisfactory condition, that the as-built drawings, information and other documents have been submitted in satisfactory form, and that all other requirements of the Servicing Standards have been satisfied, the Manager shall sign and issue the Final Acceptance Certificate. In the event that defects or deficiencies in the Dedicated Utility or Improvement are observed during the course of the inspection or if the as-built drawings, information and other documents have not been submitted or have been submitted in an unsatisfactory form, or any other requirements of the Servicing Standards have not been satisfied, all copies of the proposed Final Acceptance Certificate shall be returned to the Developer unsigned with a report of the defects and deficiencies listed thereon or attached thereto. Upon rectification of the listed defects and deficiencies, the Developer shall resubmit the documents required pursuant to Paragraph 8.5.2 and Paragraph 8.5.3 shall then apply to the resubmitted documents. (4) The Manager may after consulting with the developer direct that a single Final Acceptance Certificate be issued for all Dedicated Utilities and Improvements or that a Final Acceptance Certificate be issued for two or more Dedicated Utilities and Improvements. (5) Issuance of the Final Acceptance Certificate by the Manager ends the Maintenance obligation of the Developer for the Dedicated Utility or Improvement, but shall not relieve the Developer of any other obligations pursuant to this Agreement nor of the obligation for maintenance of all other Developer Installed Utilities and Improvements.

Final Acceptance Certificate. (1) A Final Acceptance Certificate for a Dedicated Utility or Improvement shall not be issued earlier than the expiry of the Maintenance Period. (2) 15.01 Two (2) months prior to the projected expiration of the Maintenance Period for the Dedicated Utility or Improvement or earlier, depending upon existing or anticipated weather conditions, the Developer and the Developer’s Consulting Engineer shall carry out a complete inspection of the Dedicated Utility or Improvement and shall promptly correct any defects or deficiencies noted during the inspection. Upon correcting all defects and deficiencies and submitting as- built drawings, information and other documents required by the Servicing Standardsas specified in each CCC, the Developer shall inspect the Work and shall correct all defects noted due to damage and other causes. The Developer shall then submit to the City, for each of the FAC Items outlined in Schedule “A”, items 5 and 6, four (4) original copies of the Final Acceptance Certificate, duty signed and sealed by the Consulting Engineer, and four (4) copies of a proposed Final Acceptance Certificate for an 8 ½ inch by 11 inch map indicating the Dedicated Utility or Improvement signed by area that the Developer and its Consulting Engineer to the Managerinfrastructure has been completed. (3) The Manager 15.02 After receipt of the FAC the Director, Calgary Approvals Coordination shall make an inspection of the Dedicated Utility or Improvement Inspection within one (1) month of the receipt of the proposed Final Acceptance Certificate or such longer period as is determined to be required by the Manager to thereof, provided always that weather conditions permit a proper inspectionInspection. If the Work is acceptable to the Director, and if as a result of the inspection the Manager is satisfied that the Dedicated Utility or Improvement is in satisfactory condition, that the as-built drawings, information and other documents have been submitted in satisfactory form, and that all other requirements of the Servicing Standards have been satisfiedCalgary Approvals Coordination, the Manager Director, Calgary Approvals Coordination shall sign and issue the Final Acceptance Certificate. In the event that FAC. 15.03 Notwithstanding Paragraph 15.2, if defects or deficiencies are apparent in the Dedicated Utility or Improvement are observed during the course opinion of the inspection or if Director, Calgary Approvals Coordination, the as-built drawings, information and other documents have not been submitted or have been submitted in an unsatisfactory form, or any other requirements of the Servicing Standards have not been satisfied, all copies of the proposed Final Acceptance Certificate FAC shall be returned to the Developer unsigned with a report list of the defects and deficiencies. The Developer shall correct the said defects and deficiencies listed thereon or attached thereto. Upon rectification and any other defects and deficiencies and then resubmit to the City the FAC. 15.04 Prior to the issuance of the listed defects and deficiencieslast FAC by the Director, Calgary Approvals Coordination, the Developer shall resubmit submit "As-Built" Drawings of the documents required pursuant to Paragraph 8.5.2 and Paragraph 8.5.3 shall then apply Work satisfactory to the resubmitted documentsDirector, Calgary Approvals Coordination. (4) The Manager may after consulting with the developer direct that a single Final Acceptance Certificate be issued for all Dedicated Utilities and Improvements or that a Final Acceptance Certificate be issued for two or more Dedicated Utilities and Improvements. (5) Issuance of the Final Acceptance Certificate by the Manager ends the Maintenance obligation of the Developer for the Dedicated Utility or Improvement, but shall not relieve the Developer of any other obligations pursuant to this Agreement nor of the obligation for maintenance of all other Developer Installed Utilities and Improvements.

Final Acceptance Certificate. When Subcontractor considers that the criteria for Final Acceptance for the Facility have been met other than Contractor’s countersignature of the Final Acceptance Certificate, Subcontractor shall so notify Contractor in writing by delivering to Contractor a Final Acceptance Certificate. Within ten (110) A Business Days after Contractor’s receipt of the Final Acceptance Certificate, Contractor shall either (i) notify Subcontractor that Final Acceptance has been achieved and execute the Final Acceptance Certificate for noting that the Final Acceptance Date is the date on which Contractor received the Final Acceptance Certificate, or (ii) notify Subcontractor that Final Acceptance has not been achieved and provide a Dedicated Utility or Improvement shall not be issued earlier than the expiry detailed explanation of the Maintenance Period. (2) Two (2) months prior to the expiration reasons therefor, except that if Contractor requires additional time for review, then Contractor shall provide Subcontractor written notice of the Maintenance Period need for such additional time during the Dedicated Utility or Improvement or earlierten (10) Business Day period recited above, depending upon existing or anticipated weather conditions, the Developer and the Developer’s Consulting Engineer Subcontractor shall carry out grant the Contractor the additional time required by Contractor for such review but in no event is Subcontractor required to grant more than an additional five (5) Business Days for such review. In the event Contractor rejects a complete inspection of the Dedicated Utility or Improvement and Final Acceptance Certificate delivered by Subcontractor, Subcontractor shall promptly correct any such defects or deficiencies noted during and/or perform such Work, and the inspection. Upon correcting all defects and deficiencies and submitting as- built drawings, information and other documents required by foregoing notice procedure shall be repeated until the Servicing Standards, the Developer shall submit four (4) copies of a proposed requirements for Final Acceptance Certificate for have been met. Delay Damages. Subject to (i) Section 12.4, (ii) any revised Guaranteed Mechanical Completion Date or revised Guaranteed Substantial Completion Date, (iii) any Force Majeure Event, (iv) Contractor Caused Delays, (v) delays from the Dedicated Utility or Improvement signed by the Developer and its Consulting Engineer to the Manager. Utility, (3vi) The Manager shall make an inspection of the Dedicated Utility or Improvement within one (1) month of the receipt of the proposed Final Acceptance Certificate or such longer period as is determined to be required by the Manager to permit a proper inspection, and if delays as a result of the inspection the Manager is satisfied that the Dedicated Utility or Improvement is in satisfactory condition, that the as-built drawings, information and other documents have been submitted in satisfactory formGovernmental Approval, and that all other requirements (vii) Work disputes causing delays in Subcontractor’s performance of the Servicing Standards have been satisfiedWork not caused directly or indirectly by Subcontractor (“Excused Delays”), the Manager shall sign and issue the Final Acceptance Certificate. In in the event that defects [a) Mechanical Completion has not occurred on or deficiencies in before the Dedicated Utility Guaranteed Mechanical Completion Date or Improvement (b) Substantial Completion for the Facility has not occurred on or before the Guaranteed Substantial Completion Date], then, as Contractor’s sole and exclusive remedy for Subcontractor’s failure to achieve Mechanical Completion or Substantial Completion by the Guaranteed Mechanical Completion Date or the Guaranteed Substantial Completion Date (as applicable), Subcontractor shall pay to Contractor as liquidated damages and not as a penalty, an amount equal to [____]10 per MW DC per day for each day after [(x) the applicable Guaranteed Mechanical Completion Date until the Mechanical Completion Date or ](y) the applicable Guaranteed Substantial Completion Date until the Substantial Completion Date for such Facility, or the Delay Liquidated Damages are observed during the course equal to [ ] of the inspection Contract Price (on the Effective Date) as set forth in Section [ ] (the “Delay Damages”). 11 If Mechanical Completion has not occurred on or before the Guaranteed Mechanical Completion Date, Delay Damages shall begin to accrue, but will not be immediately due, as set forth above; however, Contractor will not require Subcontractor’s payment of such Delay Damages if the as-built drawings, information and other documents have not been submitted or have been submitted in an unsatisfactory form, or any other requirements of the Servicing Standards have not been satisfied, all copies of the proposed Final Acceptance Certificate shall be returned to the Developer unsigned with a report of the defects and deficiencies listed thereon or attached thereto. Upon rectification of the listed defects and deficiencies, the Developer shall resubmit the documents required pursuant to Paragraph 8.5.2 and Paragraph 8.5.3 shall then apply to the resubmitted documents. (4) The Manager may after consulting with the developer direct that a single Final Acceptance Certificate be issued for all Dedicated Utilities and Improvements or that a Final Acceptance Certificate be issued for two or more Dedicated Utilities and Improvements. (5) Issuance of the Final Acceptance Certificate by the Manager ends the Maintenance obligation of the Developer Substantial Completion for the Dedicated Utility Facility occurs on or Improvement, but shall not relieve before the Developer of any other obligations pursuant to this Agreement nor of the obligation for maintenance of all other Developer Installed Utilities and ImprovementsGuaranteed Substantial Completion Date.