Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B. 5.2 If CTS is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveries, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTS's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereof. 5.3 CTS shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER shall promptly inspect the Work performed by CTS identified therein and execute each such Delivery and Acceptance Certificate as soon as reasonably possible, but in no event later than ten (10) working days after delivery of the same by CTS, unless CUSTOMER provides CTS with a written statement identifying specific material performance deficiencies that it wishes CTS to correct. CTS will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS pursuant to the Installation Schedule.
Appears in 2 contracts
Sources: CTS Agreement, CTS Agreement
Installation and Acceptance. 5.1 8.1 Installation of Products by PerSeptive may be purchased by Sequenom at the time of issuance of a Purchase Order by including a statement that installation by PerSeptive of the designated Product is requested, or at any other time. If a Purchase Order with installation by PerSeptive included is accepted by PerSeptive, PerSeptive shall install the Product, in accordance with PerSeptive's then standard installation practice, at the Customer location or Sequenom's location, as designated on the Purchase Order or as otherwise agreed. The Work cost of installation for the Product in question will be included on the Purchase Order and may be invoiced by PerSeptive with the invoice for the Product, or when installation by PerSeptive is otherwise agreed to, may be separately invoiced by PerSeptive, at PerSeptive's discretion. PerSeptive will use commercially reasonable efforts to be performed under this Agreement schedule and complete installation in a timely fashion. PerSeptive and Sequenom will cooperate with each other to coordinate each other's installation efforts.
8.2 For Products installed by PerSeptive, PerSeptive shall have no obligation to integrate the Product with any product of Sequenom, who shall be commenced solely responsible for system integration.
8.3 For Products installed by PerSeptive, installation shall be complete, and substantially completed as set forth acceptance by Sequenom shall occur, when the Product passes PerSeptive's standard installation and test procedures in the Installation Schedule attached hereto as Attachment B.
5.2 If CTS is delayed effect at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveries, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTS's reasonable control (an "Excusable Delay"), then the time for performance of installation. For Products that are not installed by PerSeptive, acceptance by Sequenom occurs upon shipment and will be deemed to have occurred unless Sequenom demonstrates within thirty (30) days after delivery that the Product does not pass PerSeptive's standard installation and test procedures or satisfy the applicable Specifications, in which case acceptance occurs when such procedures are passed. Sequenom shall notify PerSeptive in writing of its rejection of the obligations affected by such Excusable Delay Product, specifying in sufficient detail the nature of the problem, and shall await PerSeptive's instructions with regard to disposition of the rejected Product which shall come no less than forty eight (48) hours after receiving the notification. PerSeptive shall use its reasonable best efforts to either repair on-site or off site, or, at its option, to replace the rejected Product with conforming Product. In any event, a Product that passes PerSeptive's standard installation and test procedures shall be extended by at the period of any delay actually incurred as a result thereof.
5.3 CTS shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER shall promptly inspect the Work performed by CTS identified therein and execute each such Delivery and Acceptance Certificate Customer's facility as soon as reasonably possible, but in commercially feasible. PerSeptive will use its reasonable commercial efforts to provide a Product that passes such tests no event later than ten (10) working days after delivery the initial Product failed the installation and test procedures. If instructed by PerSeptive, and upon receipt by Sequenom of a return authorization from PerSeptive, Sequenom shall ship back to PerSeptive any defective Product or any component thereof at Sequenom's cost. PerSeptive shall ship any replacement product back to Sequenom or the same by CTSCustomer at PerSeptive's cost. Refund including any freight and insurance costs incurred for authorized returned Products, unless CUSTOMER provides CTS repair or replacement shall be Sequenom's remedy for any rejection of any Product. Products may not be returned to PerSeptive under any circumstances without PerSeptive's prior written authorization. Any Product not repairable on-site and returned hereunder to PerSeptive may be conformed to comply with the Specifications at PerSeptive's facilities and thereafter used to fill a written statement identifying specific material performance deficiencies that it wishes CTS to correct. CTS will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS pursuant to the Installation Schedulefuture Sequenom order.
Appears in 2 contracts
Sources: Oem Supply & License Agreement (Sequenom Inc), Oem Supply & License Agreement (Sequenom Inc)
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C, which describes the Parties’ intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by CUSTOMER. The Installation Schedule may be adjusted to reflect the final Effective Date, or as otherwise set forth in this Agreement.
5.2 If CTS Honeywell is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER Customer or any contractor employed by CUSTOMERCustomer; or by changes ordered or requested by CUSTOMER Customer in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveriestransportation, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHoneywell's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereof. If any delay within Customer's control extends beyond thirty (30) days, Customer shall reimburse Honeywell for all additional costs resulting therefrom.
5.3 CTS Honeywell shall provide Delivery Certificates of Substantial Completion and Final Project Acceptance Certificates in a form acceptable to CUSTOMER Customer and CTS (the "Delivery and Acceptance Certificates") Honeywell for the Work provided pursuant to the Schedule identified and as set forth in Attachment F. J. Upon receipt of each Delivery and Acceptance CertificateCertificate of Substantial Completion, CUSTOMER Customer shall promptly inspect the Work performed by CTS ▇▇▇▇▇▇▇▇▇ identified therein and execute each such Delivery and Acceptance Certificate of Substantial Completion as soon as reasonably possible, but in no event later than ten (10) working days after delivery of the same by CTS, unless CUSTOMER provides CTS with a written statement identifying specific material performance deficiencies that it wishes CTS to correct. CTS will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS pursuant to the Installation Schedule.event
Appears in 1 contract
Sources: Honeywell Agreement
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C, which describes the Parties’ intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by CUSTOMER. The Installation Schedule may be adjusted to reflect the final Effective Date, or as otherwise set forth in this Agreement.
5.2 If CTS Honeywell is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER Customer or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this AgreementCustomer; or by labor disputesdisputes (which are not specific to Honeywell), fire, unusual delay in transportation or deliveriestransportation, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHoneywell's reasonable control (an "Excusable Delay"), then the parties shall agree upon an extension of the time for performance of the obligations affected by such Excusable Delay Delay. If any delay, or cumulative delays, within Customer’s control, extends beyond twenty (20) days, Customer shall be extended by negotiate in good faith with Honeywell for a change order for the period additional costs resulting therefrom provided that such change order will not result in the Price increasing beyond the amount of any delay actually incurred as a result thereofthe Guarantee Saving under this Agreement.
5.3 CTS HONEYWELL shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS HONEYWELL (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. J. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER the Engineer of Record shall promptly inspect the Work performed by CTS HONEYWELL identified therein and execute each such Delivery and Acceptance Certificate as soon as reasonably possibleand, but in no event later than within ten (10) working days after delivery receipt of the same by CTSCertificate, unless make a determination as to whether such work is substantially complete. If the Engineer determines that the work is substantially complete, the Engineer shall notify both CUSTOMER provides CTS with a written statement identifying specific material performance deficiencies that it wishes CTS to correct. CTS will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS pursuant to the Installation Schedule.HONEYWELL in writing of
Appears in 1 contract
Sources: Honeywell Agreement
Installation and Acceptance. 5.1 The Work to be performed under this Agreement Company shall be commenced commence and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.
5.2 If CTS is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveries, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTS's reasonable control (an "Excusable Delay"), then the time for performance thereafter expeditiously continue installation of the obligations affected by such Excusable Delay shall be extended by Machine at the period of any delay actually incurred as a result thereof.
5.3 CTS shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER shall promptly inspect the Work performed by CTS identified therein and execute each such Delivery and Acceptance Certificate Premises as soon as reasonably possible, but in no event later than ten (10) working days practicable after delivery the Delivery Date.
5.2 The Company will carry out the installation of the same by CTSMachine:
5.2.1 with all due skill and care and to the highest professional standards;
5.2.2 using suitable and trained employees with appropriate experience and qualifications; and
5.2.3 in compliance with all relevant standards, unless CUSTOMER provides CTS with codes of practice statutory requirements and regulations.
5.3 The Company will advise the Purchaser in writing when it considers the state of the Machine to be such that it meets the Machine Acceptance Criteria.
5.4 Within [CONFIDENTIALITY REQUESTED] days of the service of the notice referred to in clause 5.3 the parties will inspect and test the Machine in the presence of the Purchaser's Authorised Representative to establish whether the Machine meets the Machine Acceptance Criteria.
5.5 Within [CONFIDENTIALITY REQUESTED] days of the inspection pursuant to clause 5.4 a joint written report will be prepared recording the detailed results of the inspection and testing referred to in clause 5.4 and commenting on whether the Machine Acceptance Criteria have been achieved.
5.6 If the report is agreed and demonstrates that the Machine Acceptance Criteria have been met to the satisfaction of the Purchaser's Authorised Representative he will issue a written statement identifying specific material performance deficiencies notice certifying this fact and the Machine shall be deemed to be accepted on the date of such notice.
5.7 If the report records that it wishes CTS to correct. CTS will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items the Machine Acceptance Criteria have not been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for met the Work Company shall as soon as all Work is installed possible prepare (and operating. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect copy to the Work Purchaser) and implement a remedy programme to correct the matters that led to such failure and the procedure set out in clauses 5.3 to 5.6 above shall constitute "Final Acceptance" of such Work performed by CTS pursuant be repeated as soon as possible until successful compliance with the Machine Acceptance Criteria is achieved.
5.8 If there is any dispute as to whether the Installation Scheduleinspection, tests and other procedures carried out demonstrate that the Machine Acceptance Criteria have been achieved the matter shall be referred for determination to an Expert.
Appears in 1 contract
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C, which describes the Parties’ intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by Customer. The Installation Schedule may be adjusted to reflect the final Effective Date, or as otherwise set forth in this Agreement.
5.2 If CTS Honeywell is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER Customer or any contractor employed by CUSTOMERCustomer; or by changes ordered or requested by CUSTOMER Customer in the Work performed pursuant to this Agreement; or by labor disputes, fire, flood, unusual delay in transportation or deliveriestransportation, adverse weather conditions conditions, inability to obtain material or services, war, civil disturbance, terrorism, sanctions, acts of God, the presence of Hazardous Substances or Mold, action or inaction of government authorities, epidemic, pandemic, or quarantine, or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHoneywell's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereofthereof and Honeywell’s compensation shall be increased by any increase in the cost of the Work resulting from such Excusable Delay.
5.3 CTS Honeywell shall provide Delivery Certificates of Substantial Completion and Final Project Acceptance Certificates in a form reasonably acceptable to CUSTOMER Customer and CTS (the "Delivery and Acceptance Certificates") Honeywell for the Work provided pursuant to the Schedule identified and as set forth in Attachment F. J. Upon receipt of each Delivery and Acceptance CertificateCertificate of Substantial Completion, CUSTOMER Customer shall promptly inspect the Work performed by CTS Honeywell identified therein and execute each such Delivery and Acceptance Certificate of Substantial Completion as soon as reasonably possible, but in no event later than ten (10) working days after delivery of the same by CTSHoneywell, unless CUSTOMER Customer provides CTS Honeywell with a written statement identifying specific material performance deficiencies that it wishes CTS to correctprevent the achievement of Substantial Completion. CTS Honeywell will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER Customer when all such items have been corrected, at which time Customer shall sign the Certificate of Substantial Completion. The Parties intend that a final Delivery and Final Project Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating, but in no event later than five (5) days after delivery of the same by Honeywell after final completion of the Work. Execution and delivery by CUSTOMER Customer of such final Delivery and Final Project Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS Honeywell pursuant to the Installation Schedule. The date set forth in the Final Project Acceptance Certificate that is accepted (or deemed accepted) by Customer shall be known as the date of Final Project Acceptance. If the Customer fails to sign or reject the Certificate of Substantial Completion or the Final Project Acceptable Certificate within the time periods specified in this Section, the respective Certificate shall be deemed accepted by Customer.
Appears in 1 contract
Sources: Honeywell Agreement
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C, which describes the Parties’ intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by CUSTOMER. The Installation Schedule may be adjusted to reflect the final Effective Date, or as otherwise set forth in this Agreement.
5.2 If CTS Honeywell is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER Customer or any contractor employed by CUSTOMERCustomer; or by changes ordered or requested by CUSTOMER Customer in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveriestransportation, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHoneywell's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereof. If any delay, or cumulative delays, within Customer's control, extends beyond ten (10) days, Customer shall reimburse Honeywell for all additional costs resulting therefrom.
5.3 CTS Honeywell shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER Customer and CTS Honeywell (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified and as set forth in Attachment F. J. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER Customer shall promptly inspect the Work performed by CTS Honeywell identified therein and execute each such Delivery and Acceptance Certificate as soon as reasonably possible, but in no event later than ten (10) working days after delivery of the same by CTSHoneywell, unless CUSTOMER Customer provides CTS Honeywell with a written statement identifying specific material performance deficiencies that it wishes CTS Honeywell to correct. CTS Honeywell will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER Customer when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER Customer of such final Delivery and Final Project Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS Honeywell pursuant to the Installation Schedule. The date of Customer’s signature of the Final Project Acceptance Certificate shall be known as the date of Final Project Acceptance.
Appears in 1 contract
Sources: Honeywell Agreement
Installation and Acceptance. 5.1 The Work work to be performed under this Agreement shall be commenced and substantially completed completed, as further defined herein, and as set forth in the Scope of Services and Installation Schedule and attached hereto as Attachment B.
5.2 If CTS is delayed at any time Schedules B and H. The dates and times for the commencement and completion of the Scope of Services must be agreed to in writing by the Parties and incorporated into Schedule H. For the purposes of this Agreement the term "Substantial Completion" shall be as defined in the progress General Conditions attached as Exhibit 1. Contractor shall notify Customer in writing when it believes that a definable portion of performing its obligations under an ECM is substantially complete. Within five (5) business days after Customer’s receipt of Contractor’s notice, Customer and Contractor will jointly inspect the relevant installed scope of work to verify that it is substantially complete in accordance with the requirements of this Agreement by any act Agreement. If the installation is substantially complete, Contractor shall prepare and Customer shall issue a Certificate of neglect of CUSTOMER or of any employee or agent of CUSTOMER or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER Substantial Completion in the form attached hereto as Exhibit E2 that will set forth
(i) the date of Substantial Completion of the Work performed pursuant or portion thereof, (ii) the remaining items of Work that have to be completed before final acceptance, (iii) provisions (to the extent not already provided in this Agreement; or by labor disputes) establishing Customer’s and Contractor’s responsibility for the security, firemaintenance, unusual delay in transportation or deliveries, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTS's reasonable control (an "Excusable Delay"), then the time for performance utilities and insurance of the obligations affected substantially complete Equipment and ECMs pending completion and (iv) an acknowledgement that warranties commence to run in accordance with the provisions of Schedule A hereof, on the date of Substantial Completion, except as may otherwise be modified by such Excusable Delay shall be extended vendors and noted in the Certificate of Substantial Completion. For any portions of an ECM reasonably determined by Customer during the period of any delay actually incurred inspection as a result thereof.
5.3 CTS shall not being substantially complete, Customer will promptly provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER shall promptly inspect the Work performed by CTS identified therein and execute each such Delivery and Acceptance Certificate as soon as reasonably possible, but in no event later than ten (10) working days after delivery of the same by CTS, unless CUSTOMER provides CTS Contractor with a written statement identifying specific material performance deficiencies of non-warranty items that it wishes CTS to correctmust be corrected or completed before Customer accepts the Scope of Services as complete. CTS Contractor will use reasonably diligent efforts to correct complete all such material deficiencies items identified by Customer as required for substantial completion, and once completed, Contractor will give provide a written notice to CUSTOMER when all such items have been corrected. The Parties intend that request for a final Delivery and Acceptance Certificate inspection by Customer to verify that the Scope of Services is now complete. Such re-inspection shall occur within five (5) business days after Customer’s receipt of Contractor’s notice for final inspection. In the event that the Substantial Completion certificate is not issued within ten (10) business days of the completion of the inspection, it will be executed for the Work as soon as all Work is installed and operatingdeemed approved.
(a) THE ISSUANCE OF MONTHLY PAYMENTS PRIOR TO THE EXECUTION OF FINAL DELIVERY AND ACCEPTANCE CERTIFICATES SHALL NOT CONSTITUTE ACCEPTANCE OF THE WORK.
(b) THE PARTIES INTEND THAT FINAL DELIVERY AND ACCEPTANCE CERTIFICATES IN ACCORDANCE WITH SCHEDULE E WILL BE EXECUTED BY THE CUSTOMER FOR THE FINAL COMPLETION OF WORK AS SOON AS ALL WORK IS INSTALLED, OPERATING, AND FINAL INSPECTIONS HAVE BEEN PERFORMED BY ALL LOCAL AND STATE OFFICIALS. Execution and delivery by IF THE WORK PERFORMED BY THE CONTRACTOR FAILS TO PASS A FINAL INSPECTION BY THE CUSTOMER, THE CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute SHALL PROVIDE THE CONTRACTOR WITH A WRITTEN STATEMENT IDENTIFYING SPECIFIC MATERIAL PERFORMANCE DEFICIENCIES THAT IT WISHES CONTRACTOR TO CORRECT. CONTRACTOR WILL USE REASONABLY DILIGENT EFFORTS TO CORRECT ALL SUCH MATERIAL DEFICIENCIES AND WILL GIVE WRITTEN NOTICE TO THE CUSTOMER WHEN ALL SUCH ITEMS HAVE BEEN CORRECTED. EXECUTION AND DELIVERY BY THE CUSTOMER OF SUCH FINAL DELIVERY AND ACCEPTANCE CERTIFICATES WITH RESPECT TO THE WORK SHALL CONSTITUTE "Final AcceptanceACCEPTANCE" of such Work performed by CTS pursuant to the Installation ScheduleOF SUCH WORK PERFORMED BY CONTRACTOR PURSUANT TO THE INSTALLATION SCHEDULE IN SCHEDULE H ATTACHED, BUT SHALL NOT AFFECT THE CUSTOMER'S RIGHT TO CANCEL THIS AGREEMENT IF THE EQUIPMENT FAILS TO PERFORM TO THE CUSTOMER'S REASONABLE SATISFACTION. CUSTOMER SHALL NOT UNREASONABLY WITHHOLD OR DELAY THE EXECUTION AND DELIVERY OF ANY FINAL DELIVERY AND ACCEPTANCE CERTIFICATE.
Appears in 1 contract
Sources: Energy Savings Performance Contract
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C.
5.2 If CTS HONEYWELL is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveriestransportation, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHONEYWELL's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereof. If any delay, or cumulative delays, within CUSTOMER’s control, extends beyond thirty (30) days, CUSTOMER shall reimburse HONEYWELL for all additional reasonable costs resulting directly therefrom.
5.3 CTS HONEYWELL shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS HONEYWELL (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. attachment J. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER shall promptly inspect the Work performed by CTS HONEYWELL identified therein and execute each such Delivery and Acceptance Certificate as soon as reasonably possible, but in no event later than ten (10) working business days after delivery of the same by CTSHONEYWELL, unless CUSTOMER provides CTS HONEYWELL with a written statement identifying specific material performance deficiencies that it wishes CTS HONEYWELL to correct. CTS HONEYWELL will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS HONEYWELL pursuant to the Installation Schedule.
Appears in 1 contract
Sources: Honeywell Agreement
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C, which describes the Parties’ intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by CUSTOMER. All Work shall be constructed and installed in compliance with all applicable laws, regulations, rules, and codes, including applicable requirements under the Uniform Safety Standards for School Construction and Maintenance Projects. Honeywell in performing the Work shall endeavor not to interfere with Customer’s use, enjoyment, and normal operations at the Sites (except when necessary and by mutual agreement between Honeywell and the Customer), including, but not limited, to the educational environment at the Sites. The Installation Schedule may be adjusted to reflect the final Effective Date, or as otherwise set forth in this Agreement.
5.2 If CTS Honeywell is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER Customer or any contractor employed by CUSTOMERCustomer; or by changes ordered or requested by CUSTOMER Customer in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation or deliveriestransportation, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHoneywell's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereof.actually
5.3 CTS Honeywell shall provide Delivery Certificates of Substantial Completion and Final Project Acceptance Certificates in a form acceptable to CUSTOMER Customer and CTS (the "Delivery and Acceptance Certificates") Honeywell for the Work provided pursuant to the Schedule identified and as set forth in Attachment F. J. Upon receipt of each Delivery and Acceptance CertificateCertificate of Substantial Completion, CUSTOMER Customer shall promptly inspect the Work performed by CTS Honeywell identified therein and execute each such Delivery and Acceptance Certificate of Substantial Completion as soon as reasonably possible, but in no event later than ten (10) working days after delivery of the same by CTSHoneywell, unless CUSTOMER Customer provides CTS Honeywell with a written statement identifying specific material performance deficiencies that it wishes CTS Honeywell to correct. CTS Honeywell will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER Customer when all such items have been corrected. The Parties intend that a final Delivery and Final Project Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery by CUSTOMER Customer of such final Delivery and Final Project Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS Honeywell pursuant to the Installation Schedule. The date of Customer’s signature of the Final Project Acceptance Certificate shall be known as the date of Final Project Acceptance.
Appears in 1 contract
Sources: Honeywell Agreement
Installation and Acceptance. 5.1 The Work to be performed under this Agreement shall be commenced and substantially completed as set forth in the Installation Schedule attached hereto as Attachment B.C, which describes the Parties’ intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by CUSTOMER. The Installation Schedule may be adjusted to reflect the final Effective Date, or as otherwise set forth in this Agreement.
5.2 If CTS Honeywell is delayed at any time in the progress of performing its obligations under this Agreement by any act of neglect of CUSTOMER or of any employee or agent of CUSTOMER Customer or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this AgreementCustomer; or by labor disputesdisputes (Which are not specific to Honeywell), fire, unusual delay in transportation or deliveriestransportation, pandemics, epidemics, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond CTSHoneywell's reasonable control (an "Excusable Delay"), then the parties shall agree upon an extension of the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereofDelay.
5.3 CTS HONEYWELL shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and CTS HONEYWELL (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in Attachment F. J. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER the Engineer of Record shall promptly inspect the Work performed by CTS ▇▇▇▇▇▇▇▇▇ identified therein and, within ten (10) days after receipt of the Certificate, make a determination as to whether such work is substantially complete. If the Engineer determines that the work is substantially complete, the Engineer shall notify both CUSTOMER and HONEYWELL in writing of its determination. Upon receipt of an Engineer’s determination of substantial completion, the Customer shall either execute each such Delivery and Acceptance Certificate as soon as reasonably possibleor reject the Engineer’s determination with a statement of the reason(s) why it has taken such action, but in no event later than ten within thirty (1030) working days after delivery such certification by the Engineer. In the event the Engineer determines the work is not substantially complete, the Engineer of the same by CTS, unless CUSTOMER provides CTS Record shall provide HONEYWELL with a written statement identifying specific material performance deficiencies that it wishes CTS to correctdeficiencies. CTS will use reasonably diligent efforts to HONEYWELL shall correct all such material deficiencies and will deficiencies, give written notice to CUSTOMER when all such items have been corrected, and resubmit the Certificate to the Engineer. As a condition to the issuance of the Certificate of Substantial Completion, HONEYWELL must provide to the Customer a complete list of all manuals and training sessions provided by HONEYWELL to Customer which shall include a description of the manual or training provided, the date, time and location where the manual or training was provided, the name of the person providing the manual or training and the name of the person receiving the manual or training. Customer shall review the list and description provided by HONEYWELL and if Customer agrees that such manuals and training were provided as set forth therein, Customer will provide an acknowledgement of receipt of manuals and training. If Customer does not agree that such manuals and training were provided by HONEYWELL, then HONEYWELL shall immediately provide such manuals and training. The Engineer of Record shall complete and provide to the parties and to SED a Certificate of Substantial Completion in the form required by SED. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed installed, operating, and operatingcertified as complete by the Engineer of Record. Execution and delivery by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by CTS HONEYWELL pursuant to the Installation Schedule.
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Sources: Honeywell Agreement