Common use of Commercial Acceptance Clause in Contracts

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or the System if the results of the Acceptance Testing demonstrate that such Segment or the System does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or the System is Ready for Commercial Acceptance; provided, that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer). 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work to be completed and deficiencies to be corrected by the Contractor in accordance with this Contract. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete the Work indicated on such list, so as to comply with the requirements of this Contract, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work until such deficiency is no longer outstanding. 4. When the outstanding deficiencies referenced in Sub-Article 9(D)(3) above have been remedied and completed, and the Segment(s) is otherwise Ready for Provisional Acceptance in accordance with this Contract, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment shall in no way relieve the Contractor from its obligation to provide a Segment conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or Segment, a Phase, the System or a System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or Segment, such Phase, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or Segment, such Phase, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies remedy, at its sole cost and complete expense, the Work indicated on such list, so as to comply with the requirements of this Contractoutstanding items, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(s) ), the Phase, the System or the System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment Segment, a Phase, the System or a System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment Segment, a Phase, the System or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or Segment, the System or System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or Segment, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or Segment, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that such acceptance -------- of a Segment instead of the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete remedy the Work indicated on such list, so as to comply with the requirements of this Contractoutstanding items, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(s) or System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment or System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or Segment, the System or System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or Segment, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or Segment, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that acceptance of a -------- Segment instead of the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete remedy the Work indicated on such list, so as to comply with the requirements of this Contractoutstanding items, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Sub- Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(s) or System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment or System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or DLS, the System or System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or DLS, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or DLS, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that such acceptance of a Segment DLS instead of the -------- System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete remedy the Work indicated on such list, so as to comply with the requirements of this Contractoutstanding items, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(sDLS(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(sDLS(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(sDLS(s) or System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment DLS instead of the System shall be in -------- the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment DLS or System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment DLS or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or Segment, the System or System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or Segment, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or Segment, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that such acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete the Work indicated on such list, so as to comply with the requirements of this Contract, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(s) or System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment or System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or Segment, a Phase, the System or a System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or Segment, such Phase, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or Segment, such Phase, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that acceptance of a Segment -------- instead of a Phase or the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies remedy, at its sole cost and complete expense, the Work indicated on such list, so as to comply with the requirements of this Contractoutstanding items, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Sub- Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(s) ), the Phase, the System or the System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, that -------- that acceptance of a Segment instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment Segment, a Phase, the System or a System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment Segment, a Phase, the System or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.

Commercial Acceptance. 1. A Certificate of Commercial Acceptance shall be issued by Purchaser and provided the Contractor accepts, with respect to a Segment or Segment, a Phase, the System or a System Upgrade if the results of the Acceptance Testing demonstrate that such Segment or Segment, such Phase, the System or such System Upgrade does not justify the issuance of a Certificate of Provisional Acceptance, but nevertheless, such Segment or Segment, such Phase, the System or such System Upgrade is Ready for Commercial Acceptance; provided, that acceptance of a Segment instead of a -------- Phase or the System shall be in the sole discretion of the Purchaser (as confirmed by the Independent Engineer)Purchaser. 2. Each Certificate of Commercial Acceptance shall have annexed to it a mutually agreed list of all outstanding Work items to be completed and deficiencies to be corrected by the Contractor in accordance with this ContractContractor. 3. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies remedy, at its sole cost and complete expense, the Work indicated on such list, so as to comply with the requirements of this Contractoutstanding items, provided that the Purchaser allows Contractor (to the extent Purchaser has the right to do so) the necessary access to the Segment(s) as the Contractor reasonably needs to remedy such outstanding items. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work outstanding item until such deficiency item is no longer outstanding. 4. When the outstanding deficiencies items referenced in Sub-Article 9(D)(3) above have been remedied and completedremedied, and the Segment(s) ), the Phase, the System or the System Upgrade is otherwise Ready for Provisional Acceptance in accordance with this ContractAcceptance, the Purchaser (as confirmed by the Independent Engineer) will promptly issue a Certificate of Provisional Acceptance; provided, -------- that acceptance of a Segment -------- instead of the System shall be in the sole discretion of the Purchaser. 5. The issuance of a Certificate of Commercial Acceptance with respect to a Segment Segment, a Phase, the System or a System Upgrade shall in no way relieve the Contractor from its obligation to provide a Segment Segment, a Phase, the System or System Upgrade conforming with the System Performance Requirements at the time of the issuance of a Certificate of Commercial Acceptance. Moreover, the issuance of a Certificate of Commercial Acceptance for a Segment or the System shall not be in lieu of the issuance of a Certificate of Provisional Acceptance for each Segment and the System and the Contractor shall still be required to achieve the Ready for Provisional Acceptance standard with respect to each Segment and the System.