Common use of Certificate of Final Completion Clause in Contracts

Certificate of Final Completion. (a) After expiry of the Defects Notification Period, and provided the Alliance Manager is not aware of any outstanding Defects, the Alliance Manager will submit a Certificate of Final Completion to the ALT for its approval. (b) If the ALT agrees that Final Completion has been achieved, the ALT will complete Part 2 of the Certificate of Final Completion and submit it to the Principal's Representative for approval. (c) If the Principal's Representative agrees that Final Completion has been achieved, the Principal's Representative will complete Part 3 of the Certificate of Final Completion and indicate the Date of Final Completion. (d) If the ALT or the Principal's Representative does not consider the Alliance Works to have reached Final Completion or considers that there is some other obligation under this Agreement which is required to be performed to reach Final Completion which has not been performed or observed: (i) the ALT or the Principal's Representative (as applicable) will complete the relevant Part of the Certificate of Final Completion indicating what the ALT or the Principal's Representative considers to be outstanding to achieve Final Completion or to perform or observe the relevant obligation under this Agreement; and submit the Certificate of Final Completion to the Alliance Manager; and (ii) the Alliance Manager will promptly inform the Participants that Final Completion has not been achieved and any details of the outstanding work or the failure to perform or observe the relevant obligation under this Agreement. (e) If the ALT considers that Final Completion has been achieved but the Principal's Representative does not agree, and a NOP wishes to pursue the issue, the NOP may by written notice to the other Participants and TfNSW request that the issue be resolved in accordance with clause 18.2. (f) Once the Alliance Manager is satisfied that the outstanding work or obligation required to be performed to reach Final Completion has been completed, performed or observed in accordance with this Agreement, the Alliance Manager will again initiate the approval process under this clause 12.4.

Certificate of Final Completion. (a) After expiry Promptly after completing the Work and XXXX's receipt of a Certificate of Occupancy, as applicable, for the Defects Notification Period, and provided the Alliance Manager is not aware of any outstanding DefectsWork, the Alliance Manager City as landlord (in its proprietary capacity) will submit a deliver to SAMP an appropriate instrument so certifying for the purposes of this Lease (the "Certificate of Final Completion") in recordable form; (b) The Certificate of Final Completion shall certify that, to the ALT for its approval. (b) If the ALT agrees that Final Completion has been achieved, the ALT will complete Part 2 best of the Certificate City's knowledge, SAMP has satisfied all of Final Completion and submit it its obligations to the Principal's Representative for approval.City in its capacity as landlord under this Lease regarding constructing of the improvements on the Leased Property; and (c) If the Principal's Representative agrees that Final Completion has been achieved, the Principal's Representative will complete Part 3 of City shall refuse or fail to provide the Certificate of Final Completion Completion, the City shall, within thirty (30) days after written request by XXXX, provide SAMP with a written statement indicating, in commercially reasonable detail, in what respects SAMP failed to complete the Work, or is otherwise in default, and indicate what measures and acts, in the Date opinion of Final Completionthe City, are necessary for SAMP to take or perform to obtain such certification (a "Deficiency Notice"). (d) SAMP shall have sixty (60) days after receipt of the Deficiency Notice to correct or complete the noticed deficiencies. If the ALT deficiencies cannot reasonably be corrected or the Principal's Representative does not consider the Alliance Works completed within sixty (60) days, then SAMP shall have an additional commercially reasonable time within which to have reached Final Completion correct or considers that there is some other obligation under this Agreement which is required to be performed to reach Final Completion which has not been performed or observedcomplete them, but only if: (i) the ALT or the Principal's Representative SAMP within said sixty (as applicable60) will complete the relevant Part of the Certificate of Final Completion indicating what the ALT or the Principal's Representative considers day period shall have commenced and thereafter shall have continued diligently to be outstanding prosecute all actions necessary to achieve Final Completion or to perform or observe the relevant obligation under this Agreement; and submit the Certificate of Final Completion to the Alliance Managercure such default; and (ii) the Alliance Manager will promptly inform Complex begins and continues to operate fully and in the Participants that Final Completion has not been achieved and any details ordinary course of business, to the extent commercially reasonable taking into account the nature of the outstanding work or the failure to perform or observe the relevant obligation under this Agreementdeficiencies. (e) If Upon completion, deliver to the ALT considers that City, a copy of the Certificate of Occupancy for the Complex and all other improvements on the Leased Property. Within ninety (90) days after receipt of a Certificate of Final Completion has been achieved but Completion, SAMP shall furnish the Principal's Representative does not agreeCity a boundary survey depicting the Lessee Improvements and a certification of the out-of-pocket cost incurred to design, permit, and a NOP wishes to pursue construct the issueinitial Lessee Improvements, excluding internal employee and overhead costs of SAMP (the NOP may by written notice to the other Participants and TfNSW request that the issue be resolved in accordance with clause 18.2"Certified Cost of Lessee Improvements"). (f) Once the Alliance Manager is satisfied that the outstanding work or obligation required to be performed to reach Final Completion has been completed, performed or observed in accordance with this Agreement, the Alliance Manager will again initiate the approval process under this clause 12.4.

Certificate of Final Completion. (a) After expiry Promptly after completing the Work and XxxXX’s receipt of a Certificate of Occupancy, as applicable, for the Defects Notification Period, and provided the Alliance Manager is not aware of any outstanding DefectsWork, the Alliance Manager City as landlord (in its proprietary capacity) will submit a deliver to JoePC an appropriate instrument so certifying for the purposes of this Lease (the “Certificate of Final Completion”) in recordable form; (b) The Certificate of Final Completion shall certify that, to the ALT for its approval. (b) If the ALT agrees that Final Completion has been achieved, the ALT will complete Part 2 best of the Certificate City’s knowledge, JoePC has satisfied all of Final Completion and submit it its obligations to the Principal's Representative for approval.City in its capacity as landlord under this Lease regarding constructing of the improvements on the Leased Property; and (c) If the Principal's Representative agrees that Final Completion has been achieved, the Principal's Representative will complete Part 3 of City shall refuse or fail to provide the Certificate of Final Completion Completion, the City shall, within thirty (30) days after written request by XxxXX, provide JoePC with a written statement indicating, in commercially reasonable detail, in what respects JoePC failed to complete the Work, or is otherwise in default, and indicate what measures and acts, in the Date opinion of Final Completionthe City, are necessary for JoePC to take or perform to obtain such certification (a “Deficiency Notice”). (d) JoePC shall have sixty (60) days after receipt of the Deficiency Notice to correct or complete the noticed deficiencies. If the ALT deficiencies cannot reasonably be corrected or the Principal's Representative does not consider the Alliance Works completed within sixty (60) days, then JoePC shall have an additional commercially reasonable time within which to have reached Final Completion correct or considers that there is some other obligation under this Agreement which is required to be performed to reach Final Completion which has not been performed or observedcomplete them, but only if: (i) the ALT or the Principal's Representative JoePC within said sixty (as applicable60) will complete the relevant Part of the Certificate of Final Completion indicating what the ALT or the Principal's Representative considers day period shall have commenced and thereafter shall have continued diligently to be outstanding prosecute all actions necessary to achieve Final Completion or to perform or observe the relevant obligation under this Agreement; and submit the Certificate of Final Completion to the Alliance Managercure such default; and (ii) the Alliance Manager will promptly inform Complex begins and continues to operate fully and in the Participants that Final Completion has not been achieved and any details ordinary course of business, to the extent commercially reasonable taking into account the nature of the outstanding work or the failure to perform or observe the relevant obligation under this Agreementdeficiencies. (e) If Upon completion, deliver to the ALT considers that Final Completion has been achieved City, a copy of the Certificate of Occupancy for the Complex and all other improvements on the Leased Property. In the event JoePC receives a Certificate of Occupancy for either the Restaurant or the Hotel but not the Principal's Representative does not agree, other and a NOP wishes to pursue the issueother is substantially complete, the NOP forgoing procedure may by written notice to the other Participants and TfNSW request that the issue be resolved in accordance with clause 18.2followed independently for each. (f) Once Within ninety (90) days after receipt of a Certificate of Final Completion, JoePC shall furnish the Alliance Manager is satisfied that City a boundary survey depicting the outstanding work or obligation required JoePC Improvements and a certification of the out of pocket cost incurred to be performed to reach Final Completion has been completeddesign, performed or observed in accordance with this Agreementpermit, and construct the Alliance Manager will again initiate initial JoePC Improvements, excluding internal employee and overhead costs of St. Xxx and XxxXX (the approval process under this clause 12.4“Certified Cost of JoePC Improvements”).