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...