Achievement of Provisional Acceptance Sample Clauses

Achievement of Provisional Acceptance. Owner shall inspect the Facility and all Services completed by Contractor with respect thereto, review the results of the Performance Test or the PPA Output Test and the reports submitted by Contractor and either (a) deliver to Contractor a certificate stating that the requirements under Section 6.3 hereof have been satisfied (the "Provisional Acceptance Certificate"), or (b) if reasonable cause exists for doing so, notify Contractor in writing that Provisional Acceptance of the Facility has not been achieved, stating the reasons therefor, provided Owner shall use all reasonable efforts to deliver such certificate or notice within five (5) days, but no later than ten (10) days, following receipt of the Notice of Provisional Acceptance.
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Achievement of Provisional Acceptance. Client shall, promptly upon receipt of the Notice of Provisional Acceptance, inspect the Facility and all Work completed by Contractor and review the results of the completed Performance Test and report submitted by Contractor. Within five (5) business days of Client’s receipt of the Notice of Provisional Acceptance, Client shall notify Contractor that either: (a) The requirements under clauses (a) through (e) of Section 6.5.1 have been satisfied and that Provisional Acceptance has been achieved, in which case the date of achievement of Provisional Acceptance shall be the date on which the notice of Provisional Acceptance was provided to Client; or (b) Provisional Acceptance has not been achieved, and stating the reasons therefore, in which case Contractor shall promptly take such action as will achieve Provisional Acceptance. In the event Client fails to provide Contractor notice that it disagrees Provisional Acceptance has occurred within the five (5) business day period provided as above, the Contractor shall be entitled to an extension of the Guaranteed Completion Dates on a day-for-day basis; and (c) The Punch List is accepted or Client shall advise revisions specifically required to finalize the Punch List. Following any action taken by Contractor after notice from Client that Contractor failed to successfully achieve Provisional Acceptance, Contractor shall deliver to Client a new Notice of Provisional Acceptance and the provisions of this Section 6.5 shall apply with respect to the new notice in the same manner as they applied to the original notice. Such procedure shall be repeated as necessary until Provisional Acceptance has been successfully achieved.
Sample 1
Achievement of Provisional Acceptance. (a) Owner and the Independent Engineer shall inspect all Services completed by Contractor and review the results of the Performance Test and the reports submitted by Contractor, and (b) Owner shall either (i) deliver to Contractor a certificate stating, with the written concurrence of the Independent Engineer, that the requirements under Section 6.3 hereof have been satisfied (the "PROVISIONAL ACCEPTANCE CERTIFICATE"), or (ii) if reasonable cause exists for doing so, notify Contractor in writing that Provisional Acceptance of the Facility has not been achieved, stating the reasons therefor; PROVIDED that Owner shall deliver such certificate or notice within seven (7) days (or such shorter period as may be reasonably achieved with Owner's use of reasonable efforts) following receipt of the Notice of Provisional Acceptance.
Sample 1
Achievement of Provisional Acceptance. No later than five (5) Business Days after the date on which the Contractor determines, in its reasonable discretion, that Provisional Acceptance has been achieved, the Contractor shall deliver to the Owner Lessor an executed Provisional Acceptance Certificate, a form of which is attached hereto as Exhibit B (the “Provisional Acceptance Certificate”). For purposes of this Agreement, the date of achievement of Provisional Acceptance shall be the date on which the Contractor delivers to the Owner Lessor the Provisional Acceptance Certificate.
Sample 1

Related to Achievement of Provisional Acceptance

  • Project/Milestones Taxpayer provides refrigerated warehousing and logistic distribution services to clients throughout the United States. In consideration for the Credit, Taxpayer agrees to invest in a new refrigeration and distribution facility in the XxXxxxxxx Park area of Sacramento, California, and hire full-time employees (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit A (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of full-time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the full-time employees hired within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by Taxpayer for the entire taxable year shall be annualized. In addition, the salary of any full-time employee hired to fill a vacated position in which a full-time employee was employed during Taxpayer’s Base Year shall be disregarded.

  • 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

  • Acceptance Criteria The Services and Deliverables must meet the following acceptance criteria or the JBE may reject the applicable Services or Deliverables. The JBE may use the attached Acceptance and Signoff Form to notify Contractor of the acceptance or rejection of the Services and Deliverables. Contractor will not be paid for any rejected Services or Deliverables.

  • Targets and Milestones You may choose to develop specific additional targets and milestones which assess your performance in ITT over time – particularly if ITT trainees make up a significant proportion of your overall student body. Alternatively, you may have targets and milestones in your existing 2012-13 access agreement which you now also wish to apply to undergraduate and/or postgraduate ITT trainees. These targets may be statistical – based on how representative your entrants are and/or your retention performance – and might include annual or interim milestones to help you monitor whether you are making progress. You may wish to include criteria around the numbers of trainees in receipt of a full or partial maintenance grant, as financial data will need to be collected to determine bursary support and the data will also be accessible through the Student Loans Company for HEBSS subscribers. You may also wish to consider the TDA guidance at Annex C which gives information on specific groups that are underrepresented in the teaching profession.

  • Contract Goals A. For purposes of this procurement, OGS conducted a comprehensive search and determined that the Contract does not offer sufficient opportunities to set goals for participation by MWBEs as subcontractors, service providers, or suppliers to Contractor. Contractor is, however, encouraged to make every good faith effort to promote and assist the participation of MWBEs on this Contract for the provision of services and materials. The directory of New York State Certified MWBEs can be viewed at: xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPublic.asp?TN=ny&XID=2528. Additionally, following Contract execution, Contractor is encouraged to contact the Division of Minority and Women’s Business Development ((000) 000-0000; (000) 000-0000; or (000) 000-0000) to discuss additional methods of maximizing participation by MWBEs on the Contract. B. Good Faith Efforts Pursuant to 5 NYCRR § 142.8, evidence of good faith efforts shall include, but not be limited to, the following: 1. A list of the general circulation, trade, and MWBE-oriented publications and dates of publications in which the Contractor solicited the participation of certified MWBEs as subcontractors/suppliers, copies of such solicitations, and any responses thereto. 2. A list of the certified MWBEs appearing in the Empire State Development (“ESD”) MWBE directory that were solicited for this Contract. Provide proof of dates or copies of the solicitations and copies of the responses made by the certified MWBEs. Describe specific reasons that responding certified MWBEs were not selected. 3. Descriptions of the Contract documents/plans/specifications made available to certified MWBEs by the Contractor when soliciting their participation and steps taken to structure the scope of work for the purpose of subcontracting with, or obtaining supplies from, certified MWBEs. 4. A description of the negotiations between the Contractor and certified MWBEs for the purposes of complying with the MWBE goals of this Contract. 5. Dates of any pre-bid, pre-award, or other meetings attended by Contractor, if any, scheduled by OGS with certified MWBEs whom OGS determined were capable of fulfilling the MWBE goals set in the Contract. 6. Other information deemed relevant to the request.

  • Milestones Subject to the provisions of the SGIP, the Parties shall agree on milestones for which each Party is responsible and list them in Attachment 4 of this Agreement. A Party’s obligations under this provision may be extended by agreement. If a Party anticipates that it will be unable to meet a milestone for any reason other than a Force Majeure event, it shall immediately notify the other Parties of the reason(s) for not meeting the milestone and (1) propose the earliest reasonable alternate date by which it can attain this and future milestones, and (2) requesting appropriate amendments to Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably withhold agreement to such an amendment unless it will suffer significant uncompensated economic or operational harm from the delay, (1) attainment of the same milestone has previously been delayed, or (2) it has reason to believe that the delay in meeting the milestone is intentional or unwarranted notwithstanding the circumstances explained by the Party proposing the amendment.

  • Milestone A principal event specified in the Contract Documents including the Material Completion and Occupancy Date and other events relating to an intermediate completion date or time.

  • Development Milestones In addition to its obligations under Paragraph 7.1, LICENSEE specifically commits to achieving (either itself or through the acts of a SUBLICENSEE) the following development milestones in its diligence activities under this AGREEMENT: (a) (b).

  • SCHEDULE AND MILESTONES The Parties shall execute one (1) Annex concurrently with this Umbrella Agreement. The initial Annex and any subsequent Annexes will be performed on the schedule and in accordance with the milestones set forth in each respective Annex.

  • Project Goals The schedule, budget, physical, technical and other objectives for the Project shall be defined.

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