Requirements for Preliminary Acceptance Sample Clauses

Requirements for Preliminary Acceptance. In order to obtain preliminary acceptance of the Public Improvements constructed by Developer, the Developer must: i. Have constructed the Public Improvements in conformity with the Approved Plans and, to the extent of any nonconformity, such nonconformity must be disclosed to the District pursuant to the immediately following subparagraph. The District, in its sole discretion, may refuse to accept infrastructure not constructed in accordance with the Approved Plans. ii. Submit to the District as-built drawings in the form of three (3) sets of “D” size, scale 1” = 50’ paper in hardcopy and electronic copy together with electronic copies of spatial data in digital format as per District specifications, compatible with the District’s mapping system. The as-built drawings must be signed and stamped by a Colorado licensed engineer. The as-built drawings must show and identify any and all differences between the actual installation and the previously approved plans and specifications. iii. Have fully complied with the Cost Reimbursement Agreement entered into between the Developer and the District relating to the Public Improvements, including without limitation the payment of all amounts owed by the Developer to the District as required by that agreement. Draft iv. Have fully complied with the Line Expansion Payment and Reimbursement Agreement entered into between the Developer and the District, including without limitation the payment of all amounts owed by the Developer to the District as required by that agreement. v. Receive preliminary inspection, testing and approval of the Public Improvements by the District confirming compliance with the Rules and Regulations and the Approved Plans for the Public Infrastructure (the “Preliminary Inspection Certification”), which approval the Parties hereby agree shall be evidenced by an Engineer Certification (as defined below). vi. Deed and convey the Public Improvements to the District free and clear of all liens and encumbrances using a deed and conveyance substantially in the form attached hereto as Exhibit B (the “Infrastructure Deed”). The Developer shall provide the executed and notarized deed and conveyance to the District or its attorney and shall pay all costs of recording. vii. Deed, grant and convey, free and clear of all liens and encumbrances, such rights of way and easements as are required by the District for the installation, repair, maintenance and improvements of the Public Improvements using a deed ...
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Related to Requirements for Preliminary Acceptance

  • Inspection; Acceptance If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material.

  • INSPECTION, ACCEPTANCE AND REJECTION a. All shipments of Goods and performance of Services shall be subject to Buyer’s right of inspection. Buyer shall have ninety (90) days (the “Inspection Period“) following the delivery of the Goods at the Delivery Point or performance of the Services to undertake such inspection, and upon such inspection Buyer shall either accept the Goods or Services (“Acceptance“) or reject them. Buyer shall have the right to reject any Goods that are delivered in excess of the quantity ordered or are damaged or defective. In addition, Buyer shall have the right to reject any Goods or Services that are not in conformance with the Specifications or any term of this Agreement. Transfer of title to Buyer of Goods shall not constitute Buyer’s Acceptance of those Goods. Buyer shall provide Supplier within the Inspection Period notice of any Goods or Services that are rejected, together with the reasons for such rejection. If Buyer does not provide Supplier with any notice of rejection within the Inspection Period, then Buyer will be deemed to have provided Acceptance of such Goods or Services. Buyer’s inspection, testing, or Acceptance or use of the Goods or Services hereunder shall not limit or otherwise affect Supplier’s warranty obligations hereunder with respect to the Goods or Services, and such warranties shall survive inspection, test, Acceptance and use of the Goods or Services. b. Buyer shall be entitled to return rejected Goods to Supplier at Supplier’s expense and risk of loss for, at Buyer’s option, either: (i) full credit or refund of all amounts paid by Buyer to Supplier for the rejected Goods; or (ii) replacement Goods to be received within the time period specified by Buyer. Title to rejected Goods that are returned to Supplier shall transfer to Supplier upon such delivery and such Goods shall not be replaced by Supplier except upon written instructions from Buyer. Supplier shall not deliver Goods that were previously rejected on grounds of non-compliance with this Agreement, unless delivery of such Goods is approved in advance by Buyer, and is accompanied by a written disclosure of Buyer’s prior rejection(s).

  • Change Orders and Contract Amendments 33.1 The Procuring Entity may at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Procuring Entity; b) the method of shipment or packing; c) the place of delivery; and d) the Related Services to be provided by the Supplier. 33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier's receipt of the Procuring Entity's change order. 33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

  • Delivery Schedule The Goods specified in the List of Goods are required to be delivered within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section V, Schedule of Requirements. No credit will be given to deliveries before the earliest date, and Tenders offering delivery after the final date shall be treated as non-responsive. Within this acceptable period, an adjustment of [insert the adjustment factor], will be added, for evaluation purposes only, to the Tender price of Tenders offering deliveries later than the “Earliest Delivery Date” specified in Section V, Schedule of Requirements.

  • Engagement; Acceptance The Issuer engages ▇▇▇▇▇▇▇ Fixed Income Services LLC to act as the Asset Representations Reviewer for the Issuer. ▇▇▇▇▇▇▇ Fixed Income Services LLC accepts the engagement and agrees to perform the obligations of the Asset Representations Reviewer on the terms in this Agreement.