Common use of Notice of Final Acceptance of Work Clause in Contracts

Notice of Final Acceptance of Work. (a) When Developer believes the Work satisfies the Final Acceptance Criteria set forth in Appendix AA, Developer shall so notify PacifiCorp and provide PacifiCorp a certificate of an Authorized Officer of Developer, in the form of Appendix D, certifying that the Final Acceptance Criteria have been achieved and the date thereof (the “Certificate of Final Acceptance”). (b) Within five (5) Business Days after receipt of the Certificate of Final Acceptance, PacifiCorp shall either: (i) reject such Certificate of Final Acceptance and by written notice (the “Notice of Final Acceptance”) specify the Final Acceptance Criteria Developer failed to achieve; or (ii) accept the Certificate of Final Acceptance by countersigning the Certificate of Final Acceptance, in which case, Final Acceptance shall be deemed to occur on the date set forth in the Certificate of Final Acceptance. (c) If PacifiCorp rejects the Certificate of Final Acceptance pursuant to Section 20.9(b)(i), then Developer shall promptly provide to PacifiCorp a plan and schedule for remedying the deficiencies specified in PacifiCorp’s Notice of Final Acceptance, and shall carry out such plan at its own cost and expense. Upon completion of such remedial work and Developer’s belief that the Final Acceptance Criteria are satisfied, Developer shall issue a new Certificate of Final Acceptance to PacifiCorp pursuant to Section 20.9(a). (d) The foregoing procedure shall be repeated until PacifiCorp accepts the Certificate of Final Acceptance pursuant to Section 20.9(b)(ii). Disputes as to whether Developer has achieved Final Acceptance shall be resolved pursuant to ARTICLE 32.

Appears in 2 contracts

Sources: Build Transfer Agreement, Build Transfer Agreement