Completion of Punch List items
14.4.1 All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Concessionaire to be calculated and paid for each day of delay until all items are completed, at the lower of (a) 0.1% (zero point one per cent) of the Performance Security, and (b) 0.2% (zero point two per cent) of the cost of completing such items as estimated by the Independent Engineer. Subject to payment of such Damages, the Concessionaire shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any item is delayed for reasons solely attributable to the Authority or due to Force Majeure, the completion date thereof shall be determined by the Independent Engineer in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Clause 14.4.1.
14.4.2 Upon completion of all Punch List items, the Independent Engineer shall issue the Completion Certificate. Failure of the Concessionaire to complete all the Punch List items within the time set forth in Clause 14.4.1 for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Authority, shall entitle the Authority to terminate this Agreement.
Completion of Punch List. 1. It is also understood and agreed that TIME IS OF THE ESSENCE IN CLOSING OUT THE WORK. The Design-Builder agrees to begin performance immediately after receipt of notice of the Punch List Work.
2. The period to complete Punch List Work will be determined in the sole discretion of the Commission Representative. The time period for completion of the Punch List Work begins the day after the Punch List is provided to the Design-Builder. The Commission Representative may extend the period to complete Punch List Work for specific Work which requires the receipt of long lead-time materials. However, all other Punch List Work must be completed as required by this Section 10.05.
a. Unless otherwise directed by the Commission Representative, failure of the Design-Builder or its Subcontractors to begin the Punch List Work prior to the expiration of three (3) days after receipt of the Punch List will be construed as failure to prosecute the Work of the Contract.
b. It is further understood and agreed that the Punch List Work will be continuously prosecuted once begun. Therefore, any gap of three (3) days during which Punch List Work is not being performed on the job site will also be construed as failure to prosecute the Work of the Contract.
Completion of Punch List items
14.3.1 All items in the Punch List shall be completed by the Operator within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to recover Damages from the Operator to be calculated as per Schedule 5 and Schedule 6. Subject to payment of such Damages, the Operator shall be entitled to a further period not exceeding 120 (one hundred twenty) days for completion of the Punch List items. For the avoidance of doubt, it is agreed that if completion of any Punch List item is delayed for reasons solely attributable to the Authority or due to Force Majeure, subject to the provisions of Article 16.4.1, the completion date thereof shall be recommended by the Technical Auditor and approved by the Authority in accordance with Good Industry Practice, and such completion date shall be deemed to be the date of issue of the Provisional Certificate for the purposes of Damages, if any, payable for such item under this Article 14.3.1.
14.3.2 Upon completion of all the Punch List items, the Authority shall issue the Completion Certificate. Failure of the Operator to complete all the Punch List items within the time set forth in Article
14.3.1 for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Authority, shall entitle the Authority to terminate this Agreement due to the reason of Operator Event of Default.
Completion of Punch List. Correction of Defects. In respect of any Property which has been sold and transferred to Purchaser at a Closing hereunder, to complete, at the Seller's or MI's cost, all punch-list items and any work required to obtain the final Certificate of Occupancy if not available at Closing and to correct, at Seller's or MI's cost, all defects in the Improvements that are discovered and disclosed by or to the Seller within one year following the acceptance of the Improvements by the Seller from the general contractor for such Improvements. At Closing, Seller and MI shall, at Purchaser's request, certify the outside date of such one-year warranty period to Purchaser. The Purchaser agrees to cooperate with the Seller, MI and/or the Tenant in enforcing any applicable warranties or guaranties with respect to such defects. Seller and/or Tenant shall have the exclusive right and obligation to pursue the aforementioned rights and remedies; however, in the event that Seller and/or Tenant fails to exercise such rights and remedies, after ten (10) days from notice by Purchaser to Seller of such failure to exercise such rights and remedies, Purchaser shall then have the right to pursue the same. The provisions of this Section 8.2 shall survive any Closing under this Agreement.
Completion of Punch List items
14.4.1 All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Authority or due to Force Majeure, the Authority shall be entitled to complete the Punch List items on its own cost and recover the same from the Concessionaire.
14.4.2 Upon completion of all Punch List items, the Independent Engineer shall issue the Completion Certificate. Failure of the Concessionaire to complete all the Punch List items within the time set forth in Clause 14.4.1 for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Authority, shall entitle the Authority to terminate this Agreement.
Completion of Punch List items
14.4.1 All items in the Punch List shall be completed by the Concessionaire within 90 (ninety) days of the date of issue of the Provisional Certificate and for any delay thereafter, other than for reasons solely attributable to the Construction Supervisor and/orULB or due to Force Majeure, which would result in delayed commissioning, the Construction Supervisor shall encash the Construction Performance Security for construction works as per Clause 9.2.
14.4.2 Upon completion of all Punch List items, the Construction Supervisor shall issue the Completion Certificate. Failure of the Concessionaire to complete all the Punch List items within the time set forth in Clause 14.4.1 for any reason, other than conditions constituting Force Majeure or for reasons solely attributable to the Construction Supervisor and/or the ULB, shall entitle the ULB in consultation with the Construction Supervisor to terminate this Agreement and encash the Construction Performance Security.
14.4.3 If the Concessionaire fails to complete the Punch List items within said period of 90 days, the Construction Supervisor and/or the ULB may, without prejudice to any other rights or remedy available to it under this Agreement, have such items completed at the risk and costs of the Concessionaire. The cost incurred by the Construction Supervisor and/or the ULB in completing the Punch List items, as certified by the Construction Supervisor / the ULB, shall be reimbursed by the Concessionaire to the Construction Supervisor and/or the ULB as the case may be within 7 days from the date of receipt of a claim in respect thereof from the Construction Supervisor and/or the ULB, as the case may be.
Completion of Punch List. Within twenty (20) days after occupancy of the Premises, Tenant shall submit to Landlord a "punch list" of Tenant,Improvement items that require repair or correction by Landlord. Provided that said items were included within the original plans and/or part of change orders to such plans approved by Landlord in writing, Landlord shall diligently proceed to correct those items within thirty (30) days of receipt of Tenant's list.
Completion of Punch List. (a) The Contractor must begin Punch List Work immediately after receipt of the Punch List, must prosecute that Work continuously, and must complete all Punch List Work within the time period specified in the Project Requirements for completion of the Punch List Work. The CTA may, but is not obligated, to complete Punch List Work not performed by the Contractor within the time period specified in the Project Requirements for completion of the Punch List Work, and the CTA will deduct the cost of such work from the Contract Price.
(b) The issuance of the Punch List in no way relieves the Contractor from guarantee/warranty work or from incomplete or deficient Work that may be found after the issuance of the Punch List.
(c) If the Contractor interprets Work on the Punch List as “Changed Work,” then the Contractor must submit a claim in accordance with all the requirements of Section 10.4 no later than seven (7) days after the issuance of the Punch List.
Completion of Punch List. 8.4.1 Contractor shall be obligated to complete all Punch List Items prior to the Guaranteed Final Completion Date; provided, however, that Punch List Items shall be deemed satisfied to the extent Owner, with Independent Engineer's concurrence in writing, agrees in writing to transfer the Punch List Items to the warranty list, or to the extent bought-out by Contractor in accordance with Section 8.4.2.
8.4.2 No later than thirty (30) Days prior to the Guaranteed Final Completion Date, Contractor shall notify Owner of all Punch List items that have not been completed as of the date of such notice, together with respective values as reasonably determined by Contractor in accordance with Prudent Industry Practices. One hundred and fifty percent (150%) of the value specified in Contractor's notice of any Punch List Items not completed by the Guaranteed Final Completion Date shall be due and payable on the Guaranteed Final Completion Date.
Completion of Punch List. As a condition precedent to the effectiveness of this Amendment, Metro Net shall have duly completed all the items of the Punch List for the First Closing, except for the dual connection of the Radio Centro, Torre Latino and Maxcom New Switch (Tlalnepantla) POPs, in accordance with Section 2.3 below. Attached to this Amendment as Exhibit A2 is a Certificate of Completion of Punch List for the First Closing duly signed by Maxcom and Metro Net.