Common use of Certificate of Final Acceptance Clause in Contracts

Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. Upon expiration of the three year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public Works, and provided all deficiencies have been rectified to his satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town and the Director of Public Works shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of the Certificate of Final Acceptance have been met.

Appears in 7 contracts

Samples: Emerald Trail Subdivision Agreement, Vivant Subdivision Agreement, Secondary Services

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Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. Upon expiration of the three one year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services as the case may be, and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public Works, and provided all deficiencies have been rectified to his satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town and the Director of Public Works shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of the Certificate of Final Acceptance have been met.

Appears in 1 contract

Samples: Estates Subdivision Agreement

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Certificate of Final Acceptance. 33.1 31.1 After the expiry of the maintenance period provided for in Section 32.3 30.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 31.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. Upon expiration of the three one year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services as the case may be, and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public Works, and provided all deficiencies have been rectified to his satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town and the Director of Public Works shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of the Certificate of Final Acceptance have been met.

Appears in 1 contract

Samples: Agreement

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