Practical Completion of the Works. In order to achieve Practical Completion in respect of the Works or a specific part of the Works: (a) the Works (or the specific part of the Works) must be: (i) complete and free from errors, omissions and defects, except for errors, omissions or defects that: A. are of a minor nature; B. the immediate making good of which by the Organisation is not reasonably practicable; C. the existence of which or the making good of which by the Organisation will not significantly inconvenience users of the Property or the Works for the Designated Use; and D. which do not cause any legal or physical impediment to the use and occupation of the Property and the Works for the Designated Use; and (ii) fit for the purpose of the Designated Use; (b) where relevant, the Organisation must have provided to the Commonwealth a copy of the Certificate of Occupancy in respect of the Works and, if applicable, each separate aspect of the Works; and (c) the Organisation must obtain from: (i) its authorised representative; and (ii) a suitably qualified and independent person engaged for the purposes of inspecting the Works (or the specific part of the Works) on their completion and determining whether, in the professional opinion of that person, the Works (or the specific part of the Works) meet the requirements set out in clauses 4.9(a)(i) and 4.9(a)(ii), written certification that the Works (or the specific part of the Works) meet the requirements set out in clauses 4.9(a)(i) and 4.9(a)(ii), and provide each such written certification to the Commonwealth.
Appears in 1 contract
Sources: Project Agreement
Practical Completion of the Works. In order to achieve Practical Completion in respect of the Works or a specific part of the WorksCompletion:
(a) the Works (or the specific part of the Works) must be:
(i) complete and free from errors, omissions and defects, except for errors, omissions or defects that:that:
A. are of a minor nature;
B. the immediate making good of which by the Organisation is not reasonably practicable;
C. the existence of which or the making good of which by the Organisation will not significantly inconvenience users of the Property or the Works for the Designated Use; and
D. which do not cause any legal or physical impediment to the use and occupation of the Property and the Works for the Designated Use; and
(ii) fit for the purpose of the Designated Use;Use;
(b) where relevant, the Organisation must have provided to the Commonwealth a copy of the Certificate of Occupancy in respect of the Works;
(c) the Works and, if applicable, each separate aspect must have been commenced to be used by or on behalf of the WorksOrganisation for the Designated Use; and
(cd) the Organisation must obtain from:
(i) its authorised representative; and
(ii) a suitably qualified and independent person engaged for the purposes of inspecting the Works (or the specific part of the Works) on their completion and determining whether, in the professional opinion of that person, the Works (or the specific part of the Works) meet the requirements set out in clauses 4.9(a)(i) and 4.9(a)(ii), written certification that the Works (or the specific part of the Works) meet the requirements set out in clauses 4.9(a)(i) and 4.9(a)(ii), and provide each such written certification to the Commonwealth.
Appears in 1 contract
Sources: Funding Agreement