Care, Custody and Control During Dispute Resolution Regarding Substantial Completion Sample Clauses

Care, Custody and Control During Dispute Resolution Regarding Substantial Completion. In the event of a Dispute regarding whether Substantial Completion has been achieved, Owner may elect to either take care, custody and control of the entire Project or have Contractor retain care, custody and control of the Balance of the Project. If the Dispute is resolved in favor of Contractor determining that Substantial Completion was achieved and Owner has elected to have Contractor retain care, custody and control of the Balance of the Project, then Substantial Completion will be deemed to have occurred on the date on which Owner received Contractor’s then applicable Notice of Substantial Completion; provided, however, that turnover of the care, custody and control of the Balance of the Project to Owner will occur on the Business Day following the day on which the Dispute is resolved. If the Dispute is resolved in favor of Owner, Contractor shall (i) provide Owner with a Recovery Plan for achievement of Substantial Completion, and (ii) if Owner has taken care, custody and control of the entire Project, return care, custody and control of all or the incomplete portions of the Balance of the Project, in Owner’s discretion, to Contractor until it satisfies the conditions for Substantial Completion and Owner issues the Certificate of Substantial Completion in accordance with Section 6.7.3; provided, however, that prior to the return of care, custody and control of the Balance of the Project to Contractor, Owner shall perform all repairs, replacements or refurbishments required to return the Balance of the Project to be returned to Contractor to its condition at the time of turnover thereof to Owner, excepting only ordinary wear and tear.
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