Conditions of Final Acceptance. Final Acceptance shall be deemed to have occurred when all of the following have occurred: (a) Substantial Completion and Operational Readiness has been achieved; (b) Owner shall have received in acceptable form: (i) all design documents, including drawings, calculations and specifications; (ii) all final Project Record Documents and Record Deliverables in accordance with the Contract Documents; (iii) the most currently updated Project Schedule; (iv) all Project Right-of-Way maps, surveys and survey maps; and (v) all other deliverables under the Contract Documents; (c) all of Contractor’s and Subcontractors’ personnel, supplies, equipment and materials, waste materials, rubbish and temporary facilities shall have been removed from the Site; (d) Defects involving electromagnetic interference have been corrected; (e) Contractor shall have delivered to Owner satisfactory evidence that there are no outstanding Claims, Liens or stop notices of Contractor or any Subcontractor, laborer or third party, including Utility Owners, with respect to the Work, other than any previously submitted unresolved Claims of Contractor or a Subcontractor, laborer or third party, being contested by Contractor (in which event Contractor shall provide a certification listing all such matters with such detail as is requested by Owner and, with respect to all Subcontractor and laborer Claims and Claims of third parties, shall include a representation of Contractor that it is diligently and in good faith contesting such matters by appropriate action, including legal proceedings which shall operate to prevent the enforcement or collection of the same). For purposes of such certificate, the term “Claim” shall include all matters or facts which may give rise to a Claim; (f) the Punch List items shall have been completed in accordance with the Contract Documents; and (g) all of Contractor’s other obligations under the Contract Documents (other than obligations which by their nature are required to be performed after Final Acceptance) shall have been satisfied in full or waived.
Appears in 2 contracts
Samples: Design Build Contract, Design Build Contract
Conditions of Final Acceptance. Final Acceptance shall be deemed to have occurred when all of the following have occurred:
(a) Substantial Completion and Operational Readiness has been achieved;
(b) Owner shall have received in acceptable form: (i) all design documents, including drawings, calculations and specifications; (ii) all final Project Record Documents and Record Deliverables in accordance with the Contract Documents; (iii) the most currently updated Project Schedule; (iv) all Project Right-of-Way maps, surveys and survey maps; and (v) all other deliverables under the Contract Documents;
(c) all of Contractor’s and Subcontractors’ personnel, supplies, equipment and materials, waste materials, rubbish and temporary facilities shall have been removed from the Site;
(d) Defects involving electromagnetic interference have been corrected;
(e) Contractor shall have delivered to Owner satisfactory evidence that there are no outstanding Claims, Liens or stop notices of Contractor or any Subcontractor, laborer or third party, including Utility Owners, with respect to the Work, other than any previously submitted unresolved Claims of Contractor or a Subcontractor, laborer or third party, being contested by Contractor (in which event Contractor shall provide a certification listing all such matters with such detail as is requested by Owner and, with respect to all Subcontractor and laborer Claims and Claims of third parties, shall include a representation of Contractor that it is diligently and in good faith contesting such matters by appropriate action, including legal proceedings which shall operate to prevent the enforcement or collection of the same). For purposes of such certificate, the term “Claim” shall include all matters or facts which may give rise to a Claim;
(f) the Punch List items shall have been completed in accordance with the Contract Documents; and
(g) all of Contractor’s other obligations under the Contract Documents (other than obligations which by their nature are required to be performed after Final Acceptance) shall have been satisfied in full or waived.
Appears in 1 contract
Samples: Design Build Contract
Conditions of Final Acceptance. Final Acceptance shall be deemed to have occurred when all of the following have occurred:
(a) Substantial Completion and Operational Readiness has been achieved;
(b) Owner shall have received in acceptable form: (i) all design documents, including drawings, calculations and specifications; (ii) all final Project Record Documents and Record Deliverables in accordance with the Contract Documents; (iii) the most currently updated Project Schedule; (iv) all Project Right-of-Way maps, surveys and survey maps; and (v) all other deliverables under the Contract Documents;
(c) all All of Contractor’s and Subcontractors’ personnel, supplies, equipment and materials, waste materials, rubbish and temporary facilities shall have been removed from the Site;
(d) Defects involving electromagnetic interference have been corrected;
(e) Contractor shall have delivered to Owner satisfactory evidence that there are no outstanding Claims, Liens or stop notices of Contractor or any Subcontractor, laborer or third party, including Utility Owners, with respect to the Work, other than any previously submitted unresolved Claims of Contractor or a Subcontractor, laborer or third party, being contested by Contractor (in which event Contractor shall provide a certification listing all such matters with such detail as is requested by Owner and, with respect to all Subcontractor and laborer Claims and Claims of third parties, shall include a representation of Contractor that it is diligently and in good faith contesting such matters by appropriate action, including legal proceedings which shall operate to prevent the enforcement or collection of the same). For purposes of such certificate, the term “Claim” shall include all matters or facts which may give rise to a Claim;
(fe) the The Punch List items shall have been completed in accordance with the Contract Documents; and;
(gf) all All of Contractor’s other obligations under the Contract Documents (other than obligations which by their nature are required to be performed after Final Acceptance) shall have been satisfied in full or waived.
Appears in 1 contract
Samples: Design Build Contract
Conditions of Final Acceptance. Final Acceptance shall be deemed to have occurred when all of the following have occurred:
(a) Substantial Completion and Operational Readiness has been achieved;
(b) Owner shall have received in acceptable form: (i) all design documents, including drawings, calculations and specifications; (ii) all final Project Record Documents and Record Deliverables in accordance with the Contract Documents; (iii) the most currently updated Project Schedule; (iv) all Project Right-of-Way maps, surveys and survey maps; and (v) all other deliverables under the Contract Documents;
(c) all of Contractor’s and Subcontractors’ personnel, supplies, equipment and materials, waste materials, rubbish and temporary facilities shall have been removed from the Site;
(d) Defects involving electromagnetic interference have been correctedNot Used;
(e) Contractor shall have delivered to Owner satisfactory evidence that there are no outstanding Claims, Liens or stop notices of Contractor or any Subcontractor, laborer or third party, including Utility Owners, with respect to the Work, other than any previously submitted unresolved Claims of Contractor or a Subcontractor, laborer or third party, being contested by Contractor (in which event Contractor shall provide a certification listing all such matters with such detail as is requested by Owner and, with respect to all Subcontractor and laborer Claims and Claims of third parties, shall include a representation of Contractor that it is diligently and in good faith contesting such matters by appropriate action, including legal proceedings which shall operate to prevent the enforcement or collection of the same). For purposes of such certificate, the term “Claim” shall include all matters or facts which may give rise to a Claim;
(f) the Punch List items shall have been completed in accordance with the Contract Documents;
(g) All Liquidated Damages due under the Contract have been paid or otherwise satisfied; and
(gh) all of Contractor’s other obligations under the Contract Documents (other than obligations which by their nature are required to be performed after Final Acceptance) shall have been satisfied in full or waived.
Appears in 1 contract
Samples: Design Build Contract