Common use of Completion Period Clause in Contracts

Completion Period. 13.1. A completion period is only binding when accepted in a written agreement that also covers, in particular, the scope of the Services to be provided. The completion period begins as soon as, in ABB’s opinion, all preliminary requirements for the commencement of the provision of the Services have been fulfilled. 13.2. An agreed completion period shall be deemed to have been complied with if, upon its expiry, the Plant is ready for the agreed operation, even though individual parts may still be missing or some readjustments may still be necessary. 13.3. Compliance with the agreed completion period is conditional upon the customer fulfilling all its contractual and non-contractual obligations to ABB. 13.4. The completion period shall be extended for a reasonable term if: a) the information required for performance of the contract is not made available to ABB in time or is incomplete, or if the customer subsequently changes such information; or b) the customer or a third party is in delay with work it has to execute, or the customer is in delay in the performance of its contractual obligations; or c) impediments exist which ABB, despite the use of the required level of care cannot prevent, re- gardless of whether such impediments arise at ABB’s, the customer’s or a third party’s prem- ises. Such impediments include, in particular, significant operating breakdowns, accidents, xx- xxxx conflicts, measures taken or omissions by any state authorities; or d) any other circumstances arise for which ABB is not responsible. 13.5. If the agreed completion period is not complied with, the customer may claim damages for delay if it can be proved that the delay was caused through the fault of ABB. Damages for delay shall not exceed 1/2 percent for each full week's delay and shall in no event whatsoever altogether exceed 5 percent of the contract price for the Services for the part of the Plant that could not be put into operation on time due to the delay. After reaching the maximum damages for delay, the customer shall grant ABB a reasonable exten- sion of time in writing. If such extension is not complied with for reasons for which ABB is at fault, the customer may terminate the contract. In such an event, ABB shall only be liable for reimburse- ment of sums paid for the parts of the Services affected by the termination. 13.6. If a specific date is agreed instead of a completion period, such date shall correspond to the last day of an agreed completion period. Clauses 13.1 to 13.5 shall apply thereto. 13.7. All claims of the customer arising from or in connection with delays in the performance of the contract are regulated expressly and exhaustively by this Clause 13. Other and further claims are excluded. This limitation of liability does not apply in the event of gross negligence or wilful mis- conduct by ABB.

Completion Period. 13.1. A completion period is only binding when accepted in a written agreement that also covers, in particular, the scope of the Services to be provided. The completion period begins as soon as, in ABB’s opinion, all preliminary requirements for the commencement of the provision of the Services have been fulfilled. 13.2. An agreed completion period shall be deemed to have been complied with if, upon its expiry, the Plant is ready for the agreed operation, even though individual parts may still be missing missing, or some readjustments may still be necessary. 13.3. Compliance with the agreed completion period is conditional upon the customer fulfilling all its contractual and non-contractual obligations to ABB. 13.4. The completion period shall be extended for a reasonable term if: a) the information required for performance of the contract is not made available to ABB in time or is incomplete, or if the customer subsequently changes such information; or b) the customer or a third party is in delay with work it has to execute, or the customer is in delay in the performance of its contractual obligations; or c) impediments exist which ABB, despite the use of the required level of care cannot prevent, re- gardless of whether such impediments arise at ABB’s, the customer’s or a third party’s prem- ises. Such impediments include, in particular, significant operating breakdowns, accidents, xx- xxxx conflicts, measures taken or omissions by any state authorities; or d) any other circumstances arise for which ABB is not responsible. 13.5. If the agreed completion period is not complied with, the customer may claim damages for delay if it can be proved that the delay was caused through the fault of ABB. Damages for delay shall not exceed 1/2 percent for each full week's delay and shall in no event whatsoever altogether exceed 5 percent of the contract price for the Services for the part of the Plant that could not be put into operation on time due to the delay. After reaching the maximum damages for delay, the customer shall grant ABB a reasonable exten- sion of time in writing. If such extension is not complied with for reasons for which ABB is at fault, the customer may terminate the contract. In such an event, ABB shall only be liable for reimburse- ment of sums paid for the parts of the Services affected by the termination. 13.6. If a specific date is agreed instead of a completion period, such date shall correspond to the last day of an agreed completion period. Clauses 13.1 to 13.5 shall apply thereto. 13.7. All claims of the customer arising from or in connection with delays in the performance of the contract are regulated expressly and exhaustively by this Clause 13. Other and further claims are excluded. This limitation of liability does not apply in the event of gross negligence or wilful mis- conduct by ABB.

Completion Period. 13.1. 13.1 A completion period is only binding when accepted in a written agreement that also covers, in particular, the scope of the Services to be provided. The completion period begins as soon as, in ABB’s opinion, all preliminary requirements for the commencement of the provision of the Services have been fulfilled. 13.2. 13.2 An agreed completion period shall be deemed to have been complied with if, upon its expiry, the Plant is Machines are ready for the their agreed operation, even though individual parts may still be missing or some readjustments may still be necessary. 13.3. 13.3 Compliance with the agreed completion period is conditional upon the customer fulfilling all its contractual and non-contractual obligations to ABB. 13.4. 13.4 The completion period shall be extended for a reasonable term if: a) the information required for performance of the contract is not made available to ABB in time or is incomplete, or if the customer subsequently changes such information; or b) the customer or a third party is in delay with work it has to execute, or the customer is in delay in the performance of its contractual obligations; or c) impediments exist which ABB, despite the use of the required level of care cannot prevent, re- gardless regardless of whether such impediments arise at ABB’s, the customer’s or a third party’s prem- isespremises. Such impediments include, in particular, significant operating breakdowns, accidents, xx- xxxx labour conflicts, late or deficient delivery of raw materials, semi-finished or finished products, measures taken or omissions by any state authorities; or d) any other circumstances arise for which ABB is not responsible. 13.5. 13.5 If the agreed completion period is not complied with, the customer may claim damages for delay if it can be proved that the delay was caused through the fault of ABB. Damages for delay shall not exceed 1/2 percent for each full week's delay and shall in no event whatsoever altogether exceed 5 percent of the contract price for the Services for the part of the Plant Machines that could not be put into operation on time due to the delay. After reaching the maximum damages for delay, the customer shall grant ABB a reasonable exten- sion extension of time in writing. If such extension is not complied with for reasons for which ABB is at fault, the customer may terminate the contract. In such an event, ABB shall only be liable for reimburse- ment reimbursement of sums paid for the parts of the Services affected by the termination. 13.6. 13.6 If a specific date is agreed instead of a completion period, such date shall correspond to the last day of an agreed completion period. , Clauses 13.1 to 13.5 shall apply thereto. 13.7. 13.7 All claims of the customer arising from or in connection with delays in the performance of the contract are regulated expressly and exhaustively by this Clause 13. Other and further claims are excluded. This limitation of liability does not apply in the event of gross negligence or wilful mis- conduct misconduct by ABB.