Common use of Achievement of Mechanical Completion Clause in Contracts

Achievement of Mechanical Completion. Owner shall, within ten (10) days (or such shorter period as may be practicable with the Owner's use of all reasonable efforts) following receipt of the Notice of Mechanical Completion, inspect the Facility, review the report submitted by Contractor and either (a) deliver to Contractor a certificate stating that the requirements under Section 6.1.2 have been satisfied (the "Mechanical Completion Certificate") or (b) if reasonable cause exists for doing so, notify Contractor in writing that Mechanical Completion has not been achieved, stating the reasons therefor. In the event that Mechanical Completion has not been achieved in accordance with the provisions of this Section 6.1.2 as so determined by Owner, Contractor shall promptly take such action or perform such additional Services as will achieve Mechanical Completion of the Facility and shall issue to Owner another Notice of Mechanical Completion pursuant to Section 6.1.2.1 hereof. Such procedure shall be repeated as necessary until Mechanical Completion of the Facility has been achieved; provided, however, that Owner shall respond to Contractor no later than three (3) days following receipt of any re-submitted Notice of Mechanical Completion. For all purposes of this Agreement, the date of achievement of Mechanical Completion shall be the date on which Owner delivers to Contractor the Mechanical Completion Certificate corresponding to the actual achievement of Mechanical Completion pursuant to this Section 6.1.2.2.

Achievement of Mechanical Completion. Owner shall, within ten Within five (105) days (or such shorter period as may be practicable with the Owner's use of all reasonable efforts) following receipt of the Notice of Mechanical Completion, (a) Owner and the Independent Engineer shall inspect the Facility, Facility and review the report submitted by Contractor Contractor, and (b) Owner shall either (ai) deliver to Contractor a certificate stating stating, with the written concurrence of the Independent Engineer, that the requirements under Section 6.1.2 have been satisfied (the "Mechanical Completion CertificateMECHANICAL COMPLETION CERTIFICATE") or (bii) if reasonable cause exists for doing so, notify Contractor in writing that Mechanical Completion has not been achieved, stating the reasons therefor. In the event Owner so determines that Mechanical Completion has not been achieved in accordance with the provisions of this Section 6.1.2 as so determined by Owner6.1.2, Contractor shall promptly take such action or perform such additional Services as will achieve Mechanical Completion of the Facility and shall issue to Owner and the Independent Engineer another Notice of Mechanical Completion pursuant to Section 6.1.2.1 hereof. Such procedure shall be repeated as necessary until Mechanical Completion of the Facility has been achieved; provided, however, that Owner shall respond to Contractor no later than three (3) days following receipt of any re-submitted Notice of Mechanical Completion. For all purposes of this Agreement, the date of achievement of Mechanical Completion shall be the date on which Owner delivers to Contractor the Mechanical Completion Certificate corresponding to the actual achievement of Mechanical Completion pursuant to this Section 6.1.2.2.