Common use of Achievement of Substantial Completion Clause in Contracts

Achievement of Substantial Completion. Within 10 Business Days of receipt by Owner and the Owner Engineer of the Notice of Substantial Completion, Owner shall inspect the Project, and/or cause the Project to be inspected by the Owner Agents, Owner Engineer and/or the Financing Engineer, and Owner shall either: (a) deliver to Contractor a written acceptance of Contractor’s Notice of Substantial Completion in the form set forth in Appendix I-3 (the “Certificate of Substantial Completion”), or (b) notify Contractor in writing that it disputes Contractor’s certification that the conditions for Substantial Completion have been met, stating the reasons therefor or cannot confirm that such conditions have been satisfied. If Owner delivers the Certificate of Substantial Completion, the date of the Certificate of Substantial Completion will be deemed the “Substantial Completion Date”; provided, however, that for the purposes of any Contractor delay damages for failing to cause the Substantial Completion Date to occur prior to the Required Substantial Completion Date, such damages shall cease to accrue on the date Owner receives the Notice of Substantial Completion upon which the Substantial Completion Date is ultimately achieved. If Owner notifies Contractor that it disputes satisfaction of the conditions for Substantial Completion or cannot verify such satisfaction, then Contractor shall either promptly undertake such action or Work as is necessary to meet such conditions or verify satisfaction of such conditions and issue another Notice of Substantial Completion to Owner or refer the matter to dispute resolution in accordance with this Agreement. In the event Contractor prevails in the Dispute, the date of Owner’s receipt of the then applicable Notice of Substantial Completion will be deemed the Substantial Completion Date. If Owner fails to respond to a Certificate of Substantial Completion within such 10 Business Day period and subsequently disputes that Substantial Completion has been achieved, Owner shall waive any Late Substantial Completion Damages, if any, that would have otherwise accrued for the number of days equal to the number of days by which Owner’s response was delayed. Notwithstanding the foregoing, if Contractor is ready, willing and able to perform the Performance Tests and has provided its Notice of such intent pursuant to Section 6.4.2 but is prevented from conducting the Performance Tests for a period of 180 days due to the failure to complete construction of the Multi Hearth Furnaces, then as of the 181st day of such delay Contractor shall be deemed to have passed the Performance Tests as of the date of Owner’s receipt of such Notice and shall thereafter proceed to achieve Final Completion; provided, however, that notwithstanding the foregoing, Contractor shall retain, and be deemed to have retained, care, custody and control of the Project during such period of delay.

Achievement of Substantial Completion. Within 10 five (5) Business Days of receipt by Owner PSGC and the Owner PSGC Engineer of the Notice of Substantial CompletionCompletion with respect to a Unit, Owner PSGC shall inspect the Projectsuch Unit, and/or cause the Project such Unit to be inspected by the Owner Agents, Owner PSGC Engineer and/or the Financing Engineer, and Owner PSGC shall either: (a) deliver to Contractor a written acceptance of Contractor’s Notice of Substantial Completion in the form set forth in Appendix I-3 Axxxxxxx X-0 (the “Certificate of Substantial Completion”), or (b) notify Contractor in writing that it disputes Contractor’s certification that the conditions for Substantial Completion have been met, stating the reasons therefor or cannot confirm that such conditions have been satisfiedtherefor. If Owner PSGC delivers the Certificate of Substantial Completion, the date of the Certificate of Substantial Completion will be deemed the “Substantial Completion Date”” of such Unit; provided, however, that for the purposes of any Contractor delay damages for failing to cause Sections 8.2.3 and 8.3.2 only, the Substantial Completion Date of a Unit will be deemed to occur prior to the Required Substantial Completion Date, such damages shall cease to accrue on be the date Owner receives the on which PSGC received Contractor’s Notice of Substantial Completion upon which the Substantial Completion Date is ultimately achievedCompletion. If Owner PSGC notifies Contractor that it disputes satisfaction of the conditions for Substantial Completion or cannot verify such satisfactionCompletion, then Contractor shall either promptly undertake such action or Work as is necessary to meet such conditions or verify satisfaction of such conditions and issue another Notice of Substantial Completion to Owner PSGC or refer the matter to dispute resolution in accordance with this AgreementArticle 17. In the event Contractor prevails in the Dispute, the date of OwnerPSGC’s receipt of the then applicable Notice of Substantial Completion will be deemed the Substantial Completion DateDate of such Unit. If Owner PSGC fails to respond to a Certificate of Substantial Completion within such 10 five (5) Business Day period and subsequently disputes that Substantial Completion has been achieved, Owner PSGC shall waive any Late Substantial Completion Damages, if any, that would have otherwise accrued for the number of days equal to the number of days by which OwnerPSGC’s response was delayed. Notwithstanding the foregoing, if Contractor is ready, willing and able to perform the Performance Tests and has provided its Notice of such intent pursuant to Section 6.4.2 but is prevented from conducting the Performance Tests for a period of 180 days due to the failure to complete construction of the Multi Hearth Furnaces, then as of the 181st day of such delay Contractor shall be deemed to have passed the Performance Tests as of the date of Owner’s receipt of such Notice and shall thereafter proceed to achieve Final Completion; provided, however, that notwithstanding the foregoing, Contractor shall retain, and be deemed to have retained, care, custody and control of the Project during such period of delay.

Achievement of Substantial Completion. Within 10 Business Days of receipt by Owner and the Owner Engineer of the Notice of Substantial Completion, Owner shall inspect the Project, and/or cause the Project to be inspected by the Owner Agents, Owner Engineer and/or the Financing Engineer, and Owner shall either: (a) deliver to Contractor a written acceptance of Contractor’s Notice of Substantial Completion in the form set forth in Appendix I-3 (the “Certificate of Substantial Completion”), or (b) notify Contractor in writing that it disputes Contractor’s certification that the conditions for Substantial Completion have been met, stating the reasons therefor or cannot confirm that such conditions have been satisfied. If Owner delivers the Certificate of Substantial Completion, the date of the Certificate of Substantial Completion will be deemed the “Substantial Completion Date”; ” provided, however, however that for the purposes of any Contractor delay damages for failing to cause the Substantial Completion Date to occur prior to the Required Substantial Completion Date, such damages shall cease to accrue on the date Owner receives the Notice of Substantial Completion upon which the Substantial Completion Date is ultimately achieved. If Owner notifies Contractor that it disputes satisfaction of the conditions for Substantial Completion or cannot verify such satisfaction, then Contractor shall either promptly undertake such action or Work as is necessary to meet such conditions or verify satisfaction of such conditions and issue another Notice of Substantial Completion to Owner or refer the matter to dispute resolution in accordance with this Agreement. In the event Contractor prevails in the Dispute, the date of Owner’s receipt of the then applicable Notice of Substantial Completion will be deemed the Substantial Completion DateDate of such Unit. If Owner fails to respond to a Certificate of Substantial Completion within such 10 Business Day period and subsequently disputes that Substantial Completion has been achieved, Owner shall waive any Late Substantial Completion Damages, if any, that would have otherwise accrued for the number of days equal to the number of days by which Owner’s response was delayed. Notwithstanding the foregoing, if Contractor is ready, willing and able to perform the Performance Tests and has provided its Notice of such intent pursuant to Section 6.4.2 but is prevented from conducting the Performance Tests for a period of 180 days due to the failure to complete construction of the Multi Hearth Furnaces, then as of the 181st day of such delay Contractor shall be deemed to have passed the Performance Tests as of the date of Owner’s receipt of such Notice and shall thereafter proceed to achieve Final Completion; provided, however, that notwithstanding the foregoing, Contractor shall retain, and be deemed to have retained, care, custody and control of the Project during such period of delay.