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.
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Samples: Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC)
Achievement of Mechanical Completion. (a) Owner shall, and the ------------------------------------ Independent Engineer 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 FacilityXxxxx Complex and all Work hereunder and, review subject to the report submitted by Contractor and written approval of the Independent Engineer, Owner shall either (ai) deliver to Contractor a certificate stating certifying that the requirements under Section 6.1.2 5.1(a) hereof have been satisfied (the "Mechanical Completion Certificate"), (ii) deliver to Contractor a certificate that all requirements of Section 5.1(a), other than Mechanical Completion of the Xxxxx, have been satisfied ("Provisional Mechanical Completion Certificate"), or (biii) if reasonable cause exists for doing so, notify Contractor in writing that Mechanical Completion has not been achieved, stating in detail the reasons therefor. .
(b) 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 Ownerand Owner has not issued a Provisional Completion Certificate, Contractor shall promptly take such corrective action or perform such additional Services Work 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 5.1.4(a) 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 achieved or a Provisional Completion Certificate corresponding to the actual achievement of Mechanical Completion pursuant to this Section 6.1.2.2has been issued.
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Samples: Engineering, Procurement and Construction Services Contract (Neches River Holding Corp)
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.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Services Agreement (Aes Red Oak LLC)