Phase I Substantial Completion Date definition
Examples of Phase I Substantial Completion Date in a sentence
The “Warranty Period” commences (a) for the Phase I Portion of the Project, on the Phase I Substantial Completion Date and (b) for the Balance of the Project, on the Substantial Completion Date, and in each case expires on the first (1st) anniversary of the date it commenced.
If Phase I Substantial Completion does not occur on or before the Required Phase I Substantial Completion Date, Contractor shall pay liquidated damages to Owner for such delay for each and every day that elapses between the Required Phase I Substantial Completion Date and the date on which Phase I Substantial Completion occurs (“Late Phase I Substantial Completion Damages”).
In the event that the Phase I Substantial Completion Date has not occurred and Contractor is paying Late Phase I Substantial Completion Damages pursuant to Section 8.3.1 above and the date on which Late Substantial Completion Damages are first due from Contractor occurs, pursuant to Section 8.3.2, then Contractor shall not be obligated for any single day to pay Liquidated Damages under both Section 8.3.1 and Section 8.3.2, but shall only be obligated to pay the Liquidated Damages under Section 8.3.2.
Owner’s Authorized Representative and Contractor’s Authorized Representative shall then meet, consult in good faith and, prior to the Phase I Substantial Completion Date, agree upon the final list and plan, including the approved time limits within which Contractor shall perform such remaining Work and the value of the items of Work described therein (the “Phase I Punch List”).
Contractor shall perform the Work with the objective that the Phase I Substantial Completion Date will occur on or before the Target Phase I Substantial Completion Date.
Until the Phase I Substantial Completion Date with respect to the Phase I Portion of the Project and the Substantial Completion Date with respect to the Balance of the Project, Contractor shall be responsible for technical direction of Owner’s operations Personnel.
On the Phase I Substantial Completion Date, Contractor shall leave the Phase I Portion of the Project Site in a neat, clean and orderly condition, ready for use and occupancy by Owner, removing all waste materials, rubbish and debris.
Contractor and Owner shall thereafter agree on the final plan no later than 3 months prior to the Target Phase I Substantial Completion Date.
Between the Phase I Substantial Completion Date and the conduct of the Performance Tests, Owner shall cause the Phase I Portion of the Project to be operated and maintained in accordance with (a) the O&M Manual delivered to Owner pursuant to Section 6.4.1(f), (b) Prudent Industry Practices and (c) Applicable Legal Requirements (collectively, the “Phase I Operating Requirements”).
In the event Contractor prevails in the Dispute, the date of Owner’s receipt of the then applicable Notice of Phase I Substantial Completion will be deemed the Phase I Substantial Completion Date.