Care, Custody and Control of the Unit During a Dispute Regarding Substantial Completion Sample Clauses

Care, Custody and Control of the Unit During a Dispute Regarding Substantial Completion. In the event of a Dispute regarding whether Substantial Completion of a Unit has been achieved, Contractor shall maintain care, custody and control of the Unit. If the Dispute is resolved in favor of Contractor determining that Substantial Completion was achieved, then Substantial Completion will be deemed to have occurred on the date on which PSGC received Contractor’s then applicable Notice of Substantial Completion; provided, however, (a) turnover of the care, custody and control of the Unit to PSGC will occur on the Business Day following the Day on which the Dispute is resolved, and (b) for purposes of Sections 8.2.3 and 8.3.2 only, the Substantial Completion Date will be deemed to be the date on which Contractor’s then applicable Notice of Substantial Completion was received by PSGC. If the Dispute is resolved in favor of PSGC, Contractor shall (i) provide PSGC with a Recovery Plan for achievement of Substantial Completion of such Unit, and (ii) maintain care, custody and control of such Unit until it satisfies the conditions for Substantial Completion and PSGC issues the Certificate of Substantial Completion for such Unit in accordance with Section 6.2.3.
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