Conditions for Final Acceptance. Each of the following conditions shall be a condition precedent that must be satisfied before Final Acceptance of the Project by the District:
Conditions for Final Acceptance. One (1) year from the date of Conditional Acceptance, the District’s President and/or Engineer, and/or the District’s appointed designee, as the case may be, will inspect the Project for final acceptance. Each of the following conditions shall be a condition precedent which must be satisfied before the District shall finally accept the Project.
13.1 Current videos of the entire system have been reviewed and any defects have been repaired to the satisfaction of the District’s Engineer; and
13.2 There has been no damage or destruction to the Project; and if there has been damage or destruction, the same has been repaired, and the cost of such repair has been paid by Applicant; and
13.3 Any deviation in the construction of the Project from the Approved Plans has been corrected. Without in any way limiting the generality of the foregoing sentence, attention shall be paid to assure that all manholes and manhole covers are at finished grade, free and clear of sand, gravel, stones or other foreign material. In the absence of deficiencies, the Project will then be deemed finally accepted and the District will, from that date forward, operate and maintain said lines and facilities at the District's expense.
13.4 Without in any way being limited by the specificity of the foregoing, the District, in its sole discretion, is satisfied that there are no matters which would prohibit or unreasonably interfere with the use of the Project for its intended purpose.
13.5 To induce the District to execute this Agreement and to provide additional assurance that Applicant will fully perform all of Applicant’s obligations contained herein, Applicant agrees to deliver to District concurrent with this Agreement, a full executed Warranty and Maintenance Bond in the form attached hereto as Exhibit [x] issued by a surety acceptable to the District and in an amount to be determined by the District in the reasonable exercise of its discretion., The performance of any warranty, maintenance or repair work upon the Project by the Applicant, Applicant’s contractor or the District shall under no circumstances release, discharge or modify in any way Applicant’s obligations under the Warranty and Maintenance Bond.
