Common use of Prior to Substantial Completion Clause in Contracts

Prior to Substantial Completion. Prior to Substantial Completion of a Unit, Contractor will completely clean the vicinity of the Unit, and any other area utilized by Contractor during construction of the Unit, and will remove the waste materials (other than Hazardous Materials, which are addressed in Section 3.5(o)), rubbish, Contractor’s tools, Construction Equipment, machinery, surplus materials and other debris from the vicinity of the Unit and handle or dispose of the same, in accordance with applicable Laws. Contractor will leave the Facility and the Site in a clean, safe and useable condition. If Contractor has failed to diligently begin its obligations under this Section within forty-eight (48) hours or complete its obligations within fifteen (15) Business Days after Substantial Completion of a Unit, then Owners, after having given prior notice to Contractor and a reasonable opportunity to cure, may clean the vicinity of the Unit and remove the waste materials, rubbish, Contractor’s tools, Construction Equipment, machinery, surplus materials and other debris from the vicinity of the Unit. The reasonable costs incurred by Owners to take such actions will be for the account of Contractor, and Contractor will reimburse such amounts to Owners. The taking of such actions by Owners will not relieve Contractor of its obligations under this Agreement and applicable Laws.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Georgia Power Co)

Prior to Substantial Completion. Prior to Substantial Completion of a Unit, Contractor will completely clean the vicinity of the Unit, and any other area utilized by Contractor during construction of the Unit, and will remove the waste materials (other than Hazardous Materials, which are addressed in Section 3.5(o)), rubbish, Contractor’s tools, Construction Equipment, machinery, surplus materials and other debris from the vicinity of the Unit and handle or dispose of the same, in accordance with applicable Laws. Contractor will leave the Facility and the Site in a clean, safe and useable condition. If Contractor has failed to diligently begin its obligations under this Section within forty-eight (48) hours [***] or complete its obligations within fifteen (15) Business Days [***] after Substantial Completion of a Unit, then Owners, after having given prior notice to Contractor and a reasonable opportunity to cure, may clean the vicinity of the Unit and remove the waste materials, rubbish, Contractor’s tools, Construction Equipment, machinery, surplus materials and other debris from the vicinity of the Unit. The reasonable costs incurred by Owners to take such actions will be for the account of Contractor, and Contractor will reimburse such amounts to Owners. The taking of such actions by Owners will not relieve Contractor of its obligations under this Agreement and applicable Laws.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Alabama Power Co)