Common use of Achievement of Final Completion Clause in Contracts

Achievement of Final Completion. Within 10 Business Days of receipt of the Notice of Final Completion by Owner and the Owner Engineer, Owner shall inspect the Project and/or cause the Project to be inspected by the Owner Engineer, Owner Agents, and/or the Financing Engineer, and Owner shall either: (a) deliver to Contractor a written acceptance of Contractor’s Notice of Final Completion in the form set forth in Appendix I-3 (the “Certificate of Final Completion”), or (b) notify Contractor in writing that it disputes Contractor’s certification that the conditions for Final Completion have been met, or stating that it cannot confirm such satisfaction, stating with specificity the reasons therefor. If Owner issues the Certificate of Final Completion, the date of Owner’s receipt of the Notice of Final Completion will be deemed the “Final Completion Date.” If Owner notifies Contractor that it disputes satisfaction of the conditions for Final Completion or cannot confirm such satisfaction, then Contractor shall either promptly undertake such action or Work as necessary to meet such conditions or verify satisfaction thereof and issue another Notice of Final Completion to Owner or refer the matter to dispute resolution in accordance with Article 17. In the event Contractor prevails in the Dispute, the date of Owner’s receipt of the then applicable Notice of Final Completion shall be deemed the Final Completion Date.

Achievement of Final Completion. Within 10 five (5) Business Days of receipt of the Notice of Final Completion by Owner PSGC and the Owner PSGC Engineer, Owner PSGC shall inspect the Project Facility and/or cause the Project Facility to be inspected by the Owner Engineer, Owner Agents, PSGC Engineer and/or the Financing Engineer, Engineer and Owner PSGC shall either: (a) deliver to Contractor a written acceptance of Contractor’s Notice of Final Completion in the form set forth in Appendix I-3 Axxxxxxx X-0 (the “Certificate of Final Completion”), or (b) notify Contractor in writing that it disputes Contractor’s certification that the conditions for Final Completion have been met, or stating that it cannot confirm such satisfaction, stating with specificity the reasons therefor. If Owner PSGC issues the Certificate of Final Completion, the date of OwnerPSGC’s receipt of the Notice of Final Completion will be deemed the “Final Completion Date.” If Owner PSGC notifies Contractor that it disputes satisfaction of the conditions for Final Completion or cannot confirm such satisfactionCompletion, then Contractor shall either promptly undertake such action or Work as necessary to meet such conditions or verify satisfaction thereof and issue another Notice of Final Completion to Owner PSGC or refer the matter to dispute resolution in accordance with Article 17. In the event Contractor prevails in the Dispute, the date of OwnerPSGC’s receipt of the then applicable Notice of Final Completion shall be deemed the Final Completion Date.