Acceptance of the Work. 19.1 No act of, or failure to act by, the Owner or the OWNER'S REPRESENTATIVE during the course of the Work, nor any extension of time for the completion of the Work, shall be regarded as an acceptance of such Work or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only by the Final Payment by the Owner to Contractor. Before any final certificate shall issue, Contractor shall execute an affidavit on the certificate that it accepts the same in full payment and settlement of all claims on account of Work done and materials furnished under this Contract, and that all claims for materials provided or labor performed have been paid or set aside in full. No waiver of any breach of this Contract by the Owner or anyone acting on Owner's behalf shall be held as a waiver of any other subsequent breach thereof.
19.2 Contractor agrees to guarantee all work under this Contract for a period of one year from the date of Final Payment by the Owner or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required under terms of Owner’s conditional acceptance of elements of the Work the Owner deems marginally substandard. If any unsatisfactory condition or damage develops within the time of this guarantee period due to materials or workmanship that are defective, inferior, or not in accordance with the Contract, as reasonably determined by the Owner or the OWNER’S REPRESENTATIVE, then the Contractor shall, when notified by the Owner or OWNER’S REPRESENTATIVE, immediately place such guaranteed Work in a condition satisfactory to the Owner or OWNER’S REPRESENTATIVE. Such guarantee shall be in addition to any implied warranty under law or other manufacturer’s or product supplier’s warranty. The provisions of this Article apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor, and are in addition to any other remedies or warranties provided by law.
Acceptance of the Work. Progress Schedule, or update and/or revision thereto does not indicate any approval of Contractor’s proposed sequences and duration.
Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”).
Acceptance of the Work. The AOC Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Work was delivered on time; Completeness: The Work contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Work is accurate as measured against commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Work to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Work, provided the Contractor has delivered the Work in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Work’s acceptability. If the State rejects the Work provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Work as measured against the Criteria. If the State rejects the Work, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Work’s acceptability, a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Work to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Work and will notify the Contractor in writing of such action and the reason(s) for so doing. Upon rejection of the Work, the State may terminate this Agreement p...
Acceptance of the Work. When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
Acceptance of the Work. A. The Project Manager shall be responsible for the sign-off acceptance of all the Work required and submitted pursuant to this Agreement. Prior to approval of the Work and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Work provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision.
B. Acceptance Criteria for Work (“Criteria”) provided by the Contractor pursuant to this Agreement:
Acceptance of the Work. The Contract and the Vendor’s duty of performance shall not be considered complete until the work has been finally accepted by the Xxxxxx County Land Bank and the Vendor has furnished the following:
1. All required guarantees and warranties as specified in Section of this Contract.
2. All required Prevailing Wage Department of Labor forms, if applicable Upon termination of this Contract under Art. I.C. herein, the Vendor shall be entitled only to payment for the portion of work completed at the time of termination, less a set-off for damages due to the Vendor’s breach in the manner stated in Art. I.C. Payment shall not be made until after the contract project is completed. Upon completion of the work, the premises shall be inspected by the Land Bank or its representative to ascertain if the work stated in the Work Specifications has been completed satisfactorily. The Land Bank will be required to give written approval of the work performed when it determines that the work has been completed satisfactorily. If it is determined that the work has not been completed satisfactorily or not in accordance with the Work Specifications, the Land Bank shall, by written notice to Vendor, advise Vendor to complete and/or correct the unsatisfactory work within ten (10) days from the receipt of the written notification by the Land Bank.
Acceptance of the Work. 22.1 UNICEF shall have a reasonable time after completion of the Works or part of the Works, and before issuance of the Certificate of Substantial Completion, to inspect the Works and to reject and refuse acceptance of Works not conforming to the Contract. Inspection prior to completion of Works does not relieve the Contractor from any of its obligations under the Contract.
Acceptance of the Work. If, after RCDSCC’s final inspection and after all Contract documentation has been received, RCDSCC determines that the Contract has been completed in accordance with the Contract Documents, the Project Manager will provide a letter stating that the Work is accepted. Upon receipt of the letter of acceptance, Contractor will be relieved of the duty of maintaining and protecting the Work. If RCDSCC determines that Work is not complete or that the Work does not meet the requirements of the Contract Documents, Contractor shall be notified in writing of deficiencies. Neither determination by RCDSCC that the Work is complete nor acceptance thereof shall operate as a bar to RCDSCC's claim against Contractor pursuant to Contractor's warranty and guarantees. Partial payments shall not be construed as acceptance of any part of the Work. RCDSCC will not accept the Work until all requirements of the Contract Documents are complete and approved by RCDSCC. This includes, but is not limited to, completion of all Work required by the Contract Documents, correction of punch list items, and delivery of all guarantee forms, parts lists, schedules, tests, operating instructions, and as-built drawings.
Acceptance of the Work. When Professional can demonstrate that the Work is complete in accordance with the acceptance criteria included in the Statement of Work and so notifies OWNER, OWNER shall review the Work for general compliance with the Contract. If the Work appears to comply with the Contract requirements, and Professional has furnished all required documentation, OWNER shall notify Professional in writing of OWNER's Acceptance of the Work. Acceptance of the Work shall not limit nor diminish Professional's responsibilities, duties and warranties with respect to the Work. The Work shall be performed by the Professional in a manner consistent with good practices for the profession, and the standards and skills of the professionals practicing such profession in Xxxxxx County and Xxxxxxxxxx County, Texas.
