Common use of Completion; Survival Clause in Contracts

Completion; Survival. Unless earlier terminated pursuant to the terms of this Article 13, this Agreement shall be deemed to be completed when both of the following have taken place: (a) the Final Completion Date has occurred, and (b) Owner have paid the Cost of the Work in full pursuant to Article 9. Notwithstanding the foregoing, Contractor’s obligations under Section 5.4.3 shall continue until the date that is 7 years after the Final Completion Date and Contractor’s obligations under Section 11.8 shall continue until the expiration of the applicable Subcontractor warranty periods pursuant to Section 11.8. Notwithstanding anything in this Agreement to the contrary, the provisions of Section 11.11 and Article 12 shall survive the completion or termination of this Agreement and nothing in this Agreement shall be deemed to limit the applicable statute of limitations period within which any Party may bring a claim for breach of this Agreement.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement

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Completion; Survival. Unless earlier terminated pursuant to the terms of this Article 13, this Agreement shall be deemed to be completed when both of the following have taken place: (a) the Final Completion Date has occurred, and (b) Owner have has paid the Cost of the Work in full pursuant to Article 9. Notwithstanding the foregoing, Contractor’s obligations under Section 5.4.3 5.4.2 shall continue until the date that is 7 2 years after the Final Completion Date and Contractor’s obligations under Section 11.8 11.7 shall continue until the expiration of the applicable Subcontractor warranty periods pursuant to Section 11.8. Notwithstanding anything in this Agreement to the contrary, the provisions of Section 11.11 11.10 and Article 12 shall survive the completion or termination of this Agreement and nothing in this Agreement shall be deemed to limit the applicable statute of limitations period within which any Party may bring a claim for breach of this Agreement.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (SolarBank Corp)

Completion; Survival. Unless earlier terminated pursuant to the terms of this Article 13, this Agreement shall be deemed to be completed when both of the following have taken place: (a) the Final Completion Date has occurred, and (b) Owner have has paid the Cost of the Work in full pursuant to Article 9. Notwithstanding the foregoing, Contractor’s obligations under Section 5.4.3 5.4.2 shall continue until the date that is 7 seven (7) years after the Final Completion Date and Contractor’s obligations under Section 11.8 11.7 shall continue until the expiration of the applicable Subcontractor warranty periods pursuant to Section 11.8periods. Notwithstanding anything in this Agreement to the contrary, the provisions of Section 11.11 Sections 11.9, 11.10, 11.11, 11.2, and 11.13 and Article 12 shall survive the completion or termination of this Agreement and nothing in this Agreement shall be deemed to limit the applicable statute of limitations period within which any Party may bring a claim for breach of this Agreement.

Appears in 1 contract

Samples: Master Engineering, Procurement and Construction Agreement (SolarBank Corp)

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Completion; Survival. Unless earlier terminated pursuant to the terms of this Article 13, this Agreement shall be deemed to be completed when both of the following have taken place: (a) the Final Completion Date has occurred, and (b) Owner Owners have paid the Cost of the Work in full pursuant to Article 9. Notwithstanding the foregoing, ContractorMGE Construct’s obligations under Section 5.4.3 shall continue until the date that is 7 seven (7) years after the Final Completion Date and ContractorMGE Construct’s obligations under Section 11.8 shall continue until the expiration of the applicable Subcontractor warranty periods pursuant to Section 11.8. Notwithstanding anything in this Agreement to the contrary, the provisions of Section 11.11 and Article 12 shall survive the completion or termination of this Agreement and nothing in this Agreement shall be deemed to limit the applicable statute of limitations period within which any Party may bring a claim for breach of this Agreement.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Madison Gas & Electric Co)

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