Access Following Provisional Acceptance Sample Clauses

Access Following Provisional Acceptance. After Provisional Acceptance, Contractor shall promptly complete the remaining Work, including Punch List items and modification and (if the Performance Guarantees were not met) retesting of the Work. Contractor shall have reasonable access to the Project and the reasonable cooperation of Client so as to complete the Work and to perform its obligations hereunder. Contractor’s completion of the Work and performance of its obligations shall be accomplished without unreasonably interfering with the operations of the Facility. Any damage to the Facility caused by the Contractor during the conduct of such Work shall be the responsibility of Contractor. With respect to access following Provisional Acceptance, the Parties agree that: (a) Prior to Substantial Completion, it shall be unreasonable for Client to withhold access to the Project or to otherwise prevent Contractor from performing Work pursuant to this Section 6.5.5, provided that Contractor has given Client at least three (3) days’ prior written notice of the proposed Work, including a description of the Work to be undertaken and any impact such Work is anticipated to have on Client’s ability to operate the Facility during the period of such Work. In performing such Work, Contractor shall use all commercially reasonable efforts to minimize interference with Client’s operation of the Facility. (b) Following Substantial Completion and before Final Completion, it shall not be unreasonable for Client to withhold access to the Project or to otherwise prevent Contractor from performing Work pursuant to this Section 6.5.5, if (i) Contractor has not given Client at least seven (7) day’s prior written notice of the proposed Work, including a description of the Work to be undertaken and any impact such Work is anticipated to have on Client’s ability to operate the Facility during the period of such Work, and (ii) the Work will not, in the aggregate with any other Work previously conducted pursuant to this Section 6.5.5(b), result in the Facility being shut down (or otherwise result in the Facility’s ability to produce ethanol be reduced by more than 50%) for more than fifteen (15) days. In the event that Client breaches its obligations under this Section 6.5.5(b) by not permitting Contractor to have access to the Site as required pursuant to this Section 6.5.5(b), the Performance Guarantees shall be deemed satisfied. This Section 6.5.5 shall not be applicable with respect to any Work to be provided under Article 1...
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Access Following Provisional Acceptance. After Provisional Acceptance, the Turnkey Contractor shall promptly complete the remaining Work, including Punch List items and the Reliability Run. The Turnkey Contractor shall have reasonable access to the Facilities and the reasonable cooperation of the MEP Participants so as to complete the Work and to perform its obligations, which shall be accomplished with minimal interference to the operations of the Facilities. During such period the MEP Participants shall, in consultation with the Turnkey Contractor, operate the Facilities in accordance with internationally accepted good practice, the other requirements set forth in this Agreement and all Applicable Laws.
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Related to Access Following Provisional Acceptance

  • Additional Acceptable Uses of Student Data Contractor is prohibited from using Student Data for any secondary use not described in this agreement except: a. for adaptive learning or customized student learning purposes; b. to market an educational application or product to a parent or legal guardian of a student if Contractor did not use Data, shared by or collected per this Contract, to market the educational application or product; c. to use a recommendation engine to recommend to a student i. content that relates to learning or employment, within the third-party contractor's internal application, if the recommendation is not motivated by payment or other consideration from another party; or

  • Acceptance of the Terms of Use These terms of use are entered into by and between you and Tribal Convenience Store Association ("Company", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of the Company’s website, xxxx://xxx.xxxxxxxxxxxxx.xxx, including any content, functionality and services offered on or through the website (the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. This Website is offered and available only to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  • Additional Access Rights For the avoidance of doubt any grant of Access Rights not covered by the Grant Agreement or this Consortium Agreement shall be at the absolute discretion of the owning Party and subject to such terms and conditions as may be agreed between the owning and receiving Parties.

  • Final Acceptance All Work has been completed and accepted by the County. The Contractor has provided all required close-out documentation and items as required by the Detailed Scope of Work for the specific Job Order, and these items and have accepted and approved by the County

  • NON-ACCEPTANCE OF SETTLEMENT AGREEMENT If, for any reason whatsoever, this Settlement Agreement is not accepted by the Hearing Panel or an Order in the form attached as Schedule “A” is not made by the Hearing Panel, each of Staff and the Respondent will be entitled to any available proceedings, remedies and challenges, including proceeding to a disciplinary hearing pursuant to sections 20 and 24 of By- law No. 1, unaffected by this Settlement Agreement or the settlement negotiations.

  • Commercial Operation Date Testing and Modifications Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.

  • Payment Does Not Imply Acceptance of Work The granting of any payment by City, or the receipt thereof by Contractor, shall in no way lessen the liability of Contractor to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that do not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Contractor without delay.

  • Post-Commercial Operation Date Testing and Modifications Each Party shall at its own expense perform routine inspection and testing of its facilities and equipment in accordance with Good Utility Practice as may be necessary to ensure the continued interconnection of the Large Generating Facility with the Participating TO’s Transmission System in a safe and reliable manner. Each Party shall have the right, upon advance written notice, to require reasonable additional testing of the other Party’s facilities, at the requesting Party’s expense, as may be in accordance with Good Utility Practice.

  • Required Acceptance of Daily Load Deliveries and Notification If the State is harmed by purchaser’s refusal to accept up to 10 truck deliveries of any one sort per day, Purchaser will be in breach of contract and subject to damages as per the D-026.2 and D-027.2 clauses. A truck delivery is all the wood delivered including sorts on super trucks, mule trains and pups brought to the delivery point by a single truck. The Purchaser shall notify the Contract Administrator at least 48 hours in advance if: 1. Purchaser intends to limit the number of truck deliveries accepted on any day to less than that listed above, or 2. Purchaser intends to limit the number of truck deliveries accepted on any day to the number listed above.

  • COMMENCEMENT OF WORK UNDER A SOW AGREEMENT Commencement of work as a result of the SOW-RFP process shall be initiated only upon issuance of a fully executed SOW Agreement and Purchase Order.

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