Prior to Substantial Completion Sample Clauses

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect shall be at Project Co’s expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College is determined to adversely affect the day to day operation of the College.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Contract Documents, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or In-Contract Equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Consultant, all Construction Defects, whether or not they are specifically identified by the Consultant, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Baseline Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of Contracting Authority is determined to adversely affect the day to day operation of Contracting Authority.

Prior to Substantial Completion. If the Casualty occurs prior to Substantial Completion of the Improvements, satisfaction of all conditions precedent to Loan Advances set forth in Sections 6, 7.1 and 7.2 and compliance with all construction requirements of this Agreement.

Prior to Substantial Completion. Notwithstanding passage of title as provided in Section 8.1, Contractor shall bear the risk of loss and damage, and shall be obligated to repair, replace, or reconstruct any portion of the Work or Equipment which is lost, damaged or destroyed prior to Substantial Completion.

Prior to Substantial Completion. Prior to substantial completion as defined in this Section 9, if APPLICANT sells, transfers or conveys the Property or any portion thereof comprising in excess of two (2) acres, then (A) APPLICANT shall provide the COUNTY prompt written notice of such sale, transfer or conveyance; and (B) unless within thirty (30) days after the date of such notice the COUNTY approves, in its sole and absolute discretion, the transfer of this Agreement and the rights to receive the GRANT proceeds as part of such sale, then the COUNTY shall have the right to terminate this Agreement by written notice to APPLICANT delivered within such thirty (30) day period following the date of APPLICANT’S notice, whereupon the obligations of both parties accruing from and after the date of such termination shall cease. In addition, APPLICANT agrees that, except as otherwise provided in Section 9(c)(5) below, prior to the substantial completion as defined in this Section 9, the assignment of this Agreement is expressly prohibited without the prior written consent of COUNTY which consent may not be unreasonably withheld.

Prior to Substantial Completion. During the portion of the Term commencing on the date (the “Execution Date”) on which Tenant shall deliver a copy of an executed counterpart of this Agreement to Landlord and continuing through and including the New Rent Commencement Date (including any portion of the Extended Term prior to the New Rent Commencement Date), Tenant shall continue to pay to Landlord Rent with respect to the Premises in the amounts required and in the manner required under the Lease (and Rent shall be payable during each month (or partial month) after the Scheduled Expiration date and prior to the New Rent Commencement Date at the same monthly rate that Rent is payable with respect to the month in which the Scheduled Expiration Date occurs (i.e., the Rent for February, 2007, which is set forth in the Lease)).

Prior to Substantial Completion. Owner and Contractor shall inspect the Work, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner for its review and written approval, together with an estimate of the time necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items identified by Owner during its review, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist or otherwise that Owner in the exercise of its reasonable judgment, believes must be completed or corrected to achieve Substantial Completion. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion and Owner’s written approval of Contractor’s proposed Punchlist, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items; provided, however, Contractor shall add to the Punchlist any items of a Punchlist nature that are discovered by Owner or Contractor prior to Final Completion of the Project, and further provided that the failure to include any items on the Punchlist shall not alter the responsibility of Contractor to complete all Work in accordance with the terms and provisions of this Agreement. All Work on the Punchlist shall be completed by the Required Final Completion Date, or Owner may, in addition to any other rights that it may have under this Agreement, at law or in equity, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall immediately pay Owner (directly or by offset at Owner’s discretion), all costs and expenses incurred in performing such Punchlist Work. Upon Contractor’s request, Owner shall provide documentation identifying the costs and expenses to complete such Punchlist Work.

Prior to Substantial Completion. Owner shall retain from progress payments 10 percent of the value of Work completed. When Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, additional retainage will be retained at 5 percent of the work completed. Following Substantial Completion, Owner shall retain from progress payments an amount, not to exceed 5 percent of the value of the Work complete, sufficient to ensure completion of the Work and to pay all Liens, claims, or other obligations of the Contractor currently outstanding.

Prior to Substantial Completion progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract and State of Washington law, Chapter 60.28.011 Revised Code of Washington: a. _95 percent of Work completed (with the balance being retainage); and b. _95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).