Common use of Certificate of Final Acceptance Clause in Contracts

Certificate of Final Acceptance. During the [***] period following Substantial Completion (as extended as described below, the “Initial Period”), Vendor shall complete all outstanding Punch List items and Cricket and Vendor shall monitor the System for outages and compliance with the Specifications. In event that all Punch List items have *** Certain information on this page has been omitted and filed separately with the Commission. Cricket Communications Proprietary and Confidential Information been completed during the Initial Period, all testing specified in Exhibit V has been satisfactorily completed and there have been no Major Outages, then at the end of the Initial Period Vendor shall issue a Certificate of Final Acceptance certifying the same. Upon its reasonable satisfaction that the Certificate of Final Acceptance is correct and complete, Cricket shall sign the Certificate of Final Acceptance. In the event that a Major Outage occurs during the Initial Period, the Initial Period shall be extended (an “Extension Period”) for an additional [***]. In the event a Major Outage occurs during the Extension Period, the Initial Period shall be further extended until [***]. Provided that Vendor has completed all Punch List items and all other applicable requirements set forth in the Exhibits, Cricket shall issue a Certificate of Final Acceptance not later than the end of the Initial Period (as extended) after receipt of notice from Vendor containing (i) a statement that Vendor has corrected the problem giving rise to the Major Outage or Major Outages, and (ii) a description of the corrections made. With respect to each System, Cricket shall not be required to sign the Certificate of Final Acceptance until all such Documentation has been so delivered (and Final Acceptance shall not be deemed to have occurred earlier than the date that is [***] Business Days prior to the date of delivery of such Documentation). In addition to, and without limiting the requirements set forth in the preceding sentence, the Operating Manuals and the Maintenance and Instruction Manuals shall be submitted to Cricket in CD-ROM format (when available) in addition to hard-copy volume format if so requested by Cricket.

Certificate of Final Acceptance. During the [***] day period following Substantial Completion (as extended as described below, the “"Initial Period”"), the Vendor shall complete all outstanding Punch List items and Cricket the Owner and the Vendor shall monitor the System for outages and compliance with the Specifications. In event that all Punch List items have *** Certain information on this page has been omitted and filed separately with the Commission. Cricket Communications Proprietary and Confidential Information been completed during the Initial Period, all testing specified in Exhibit V G has been satisfactorily completed and there have been no Major Outages, then at the end of the Initial Period the Vendor shall issue a Certificate of Final Acceptance certifying the same. Upon its reasonable satisfaction that the Certificate of Final Acceptance is correct and complete, Cricket the Owner shall sign the Certificate of Final Acceptance. In the event that a Major Outage occurs during the Initial Period, the Initial Period shall be extended (each, an “"Extension Period”") as follows: (i) if a Major Outage occurs on or prior to [*] days after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*] days, (ii) if a Major Outage occurs after [*] days but on or prior to [*]] days after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*] days, and (iii) if a Major Outage occurs after [*] days but on or prior to [*] days after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*] days. In the event a Major Outage occurs during the any Extension Period, the Initial Period shall be further extended until by an additional period of [*] [**]. Provided that Vendor has completed all Punch List items and all other applicable requirements set forth in the Exhibits, Cricket shall issue a Certificate of Final Acceptance not later than the end of the Initial Period ] Certain material (as extendedindicated by an asterisk) after receipt of notice from Vendor containing (i) a statement that Vendor has corrected the problem giving rise to the Major Outage or Major Outages, and (ii) a description of the corrections made. With respect to each System, Cricket shall not be required to sign the Certificate of Final Acceptance until all such Documentation has been so delivered (omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Final Acceptance shall not be deemed to have occurred earlier than the date that is [***] Business Days prior to the date of delivery of such Documentation). In addition to, and without limiting the requirements set forth in the preceding sentence, the Operating Manuals and the Maintenance and Instruction Manuals shall be submitted to Cricket in CD-ROM format (when available) in addition to hard-copy volume format if so requested by CricketExchange Commission.

Certificate of Final Acceptance. During the [***] period following ------------------------------- Substantial Completion (as extended as described below, the “"Initial Period”"), Vendor shall complete all outstanding Punch List items and Cricket Owner and Vendor shall monitor the System for outages and compliance with the Specifications. In event that all Punch List items have *** Certain information on this page has been omitted and filed separately with the Commission. Cricket Communications Proprietary and Confidential Information been completed during the Initial Period, all testing specified in Exhibit V L has been satisfactorily completed and there have been no Major Outages, then at the end of the Initial Period Vendor shall issue a Certificate of Final Acceptance certifying the same. Upon its reasonable satisfaction that the Certificate of Final Acceptance is correct and complete, Cricket Owner shall sign the Certificate of Final Acceptance. In the event that a Major Outage occurs during the Initial Period, the Initial Period shall be extended (each, an “"Extension Period”") as follows: (i) if a Major Outage ---------------- occurs on or prior to [*] after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*], (ii) if a Major Outage occurs after [*] but on or prior to [*] after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*], and (iii) if a Major Outage occurs after [*] but on or prior to [*] after the commencement of the Initial [*] Certain material (indicated by an asterisk) has been omitted form this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. Period, the Initial Period shall be extended for an additional [*]; provided, however, the Extension Period shall be limited to a total of [*]. In the event a Major Outage occurs during the any Extension Period, the Initial Period shall be further extended until by an additional period of [*]; provided that, in the event that Final Acceptance has not occurred after [*] from Substantial Completion, Final Acceptance shall occur when the System has operated without a Major Outage for a period of [*]] continuous [*] and all Punch List items are completed. Provided that Vendor has completed all Punch List items and all other applicable requirements set forth in the ExhibitsExhibit L, Cricket Owner shall issue a Certificate of Final Acceptance not later than the end of the Initial Period (as extended) after receipt of notice from Vendor containing (i) a statement that Vendor has corrected the problem giving rise to the Major Outage or Major Outages, and (ii) a description of the corrections made. Documentation not already delivered to Owner pursuant to the terms of this Contract shall be delivered to Owner within ten (10) Business Days of Final Acceptance. With respect to each System, Cricket Owner shall not be required to sign the Certificate of Final Acceptance until all such Documentation has been so delivered (and Final Acceptance shall not be deemed to have occurred earlier than the date that is [***] ten (10) Business Days prior to the date of delivery of such Documentation). In addition to, and without limiting the requirements set forth in the preceding sentence, the Operating Manuals and the Maintenance and Instruction Manuals shall be submitted to Cricket Owner in CD-ROM format (when available) in addition to hard-copy volume format if so requested by CricketOwner.

Certificate of Final Acceptance. During the [***] day period ------------------------------- following Substantial Completion (as extended as described below, the “"Initial Period”"), the Vendor shall complete all outstanding Punch List items and Cricket the Owner and the Vendor shall monitor the System for outages and compliance with the Specifications. In event that all Punch List items have *** Certain information on this page has been omitted and filed separately with the Commission. Cricket Communications Proprietary and Confidential Information been completed during the Initial Period, all testing specified in Exhibit V G has been satisfactorily completed and there have been no Major Outages, then at the end of the Initial Period the Vendor shall issue a Certificate of Final Acceptance certifying the same. Upon its reasonable satisfaction that the Certificate of Final Acceptance is correct and complete, Cricket the Owner shall sign the Certificate of Final Acceptance. In the event that a Major Outage occurs during the Initial Period, the Initial Period shall be extended (each, an “"Extension Period”") as ---------------- follows: (i) if a Major Outage occurs on or prior to [*] days after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*] days, (ii) if a Major Outage occurs after [*] days but on or prior to [*]] days after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*] days, and (iii) if a Major Outage occurs after [*] days but on or prior to [*] days after the commencement of the Initial Period, the Initial Period shall be extended for an additional [*] days. In the event a Major Outage occurs during the any Extension Period, the Initial Period shall be further extended until by an additional period of [***]. Provided that Vendor has completed all Punch List items and all other applicable requirements set forth in the Exhibits, Cricket Owner shall issue a Certificate of Final Acceptance not later than the end of the [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. Initial Period (as extended) after receipt of notice from of Vendor containing (i) a statement that Vendor has it corrected the problem giving rise to the Major Outage or Major Outages, and (ii) a description . Documentation not already delivered to the Owner pursuant to the terms of this Contract shall be delivered to the corrections madeOwner within [*] Business Days of Final Acceptance. With respect to each System, Cricket the Owner shall not be required to sign the Certificate of Final Acceptance until all such Documentation documentation has been so delivered (and Final Acceptance shall not be deemed to have occurred earlier than the date that is [***] Business Days prior to the date of delivery of such Documentationdocumentation). In addition to, and without limiting the requirements set forth in the preceding sentence, the Operating Manuals and the Maintenance and Instruction Manuals shall be submitted to Cricket the Owner in CD-ROM format (when available) in addition to hard-copy volume format if so requested by Cricketthe Owner.