Conditions to Final Acceptance. One (1) year from the date of conditional acceptance, the District’s manager and/or consulting engineer, 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:
Conditions to Final Acceptance. As a condition to Final Acceptance, (i) DB Contractor shall provide the Systems Integrator Coordination Work, (ii) the Systems Integrator shall have completed its work, (iii) DB Contractor shall have facilitated the performance of the KCS Work by KCS, and (iv) the KCS Work shall be completed. Following Substantial Completion, DB Contractor shall deliver to TxDOT a plan to resolve any tolling infrastructure deficiencies within two days of notification thereof that are the responsibility of the DB Contractor. DB Contractor shall fully resolve any tolling infrastructure deficiencies within three days of submitting the aforementioned plan.
Conditions to Final Acceptance. The completed Art Work shall not be deemed to have been accepted by the City Council until each and every one of the following conditions has been fulfilled, as determined by the City Council: ▪ All approvals required under Section 5 shall have been obtained by Artist; and ▪ The installation of the Art Work shall conform to the Final Design specifications for the Art Work approved by Project Manager pursuant to Section 5.1 above; and ▪ The Art Work shall have been fabricated and installed on a timely basis; ▪ The completed Art Work shall have been reviewed and approved by the Project Manager. ▪ The Art Work shall be in substantial compliance with all other terms and conditions contained in this Agreement and shall not be in default of this Agreement. ▪ Artist has provided City with a Documentation and Final Maintenance Plan (“Maintenance Plan”) addressing the following elements:
1) A written report for the City’s files including complete information regarding the intent of the Art Work and the scale, materials, and processes used in the fabrication and installation of the Art Work.
2) Final written specifications and recommendations for maintenance of the Art Work, including an estimate of annual maintenance costs associated with the Art Work.
3) One (1) set of digital images provided on CD for program and archival purposes, showing fabrication, installation, and completed phases of Art Work.
4) Maintenance and Materials list as described in Section 15.1. Artist shall advise the Project Manager in writing when these conditions have all been met. The Project Manager shall notify Artist in writing of any deficiencies in meeting the conditions for Final Acceptance. ▪ The City Council has taken action for Final Acceptance of Art Work (“Final Acceptance”).
Conditions to Final Acceptance. Final Acceptance of the DB Project shall be achieved hereunder if the following conditions have been met:
(i) the DB Project is free and clear of all liens, Claims, security interests or encumbrances arising out of or in connection with the performance of the DB Work by Contractor or any Subcontractor during the DB Work Period;
(ii) all items on Concessionaire’s Punch List have been completed by Contractor in accordance with the Contract Documents;
(iii) all DB Project Documentation, including Final As-Built Drawings and Documentation as required by Section 17.2, to be submitted on or before the Final Acceptance have been submitted and approved by Concessionaire, the Department and the Independent Engineer, as applicable (to the extent such approvals are required from the Independent Engineer under the Project financing documents, the Department under the terms of the Comprehensive Agreement or Concessionaire under the terms of this Agreement, as applicable);
(iv) Contractor has paid for all DB Work required to achieve Final Acceptance which was performed by third parties that Contractor is obligated to pay (other than disputed amounts and amounts that are not yet due and payable);
(v) Contractor has delivered all required certifications from the engineer of record and architect of record to all necessary Governmental Authorities and to Concessionaire;
(vi) Contractor has made all deliveries of Work Product to Concessionaire that are required to be made pursuant to this Agreement;
(vii) Contractor has otherwise performed all of the DB Work required by the Contract Documents;
(viii) Substantial Completion has occurred in accordance with Section 6.6.3 and “Substantial Completion” has occurred under the Comprehensive Agreement;
Conditions to Final Acceptance. As a condition precedent to the Owner's issuance of the Notice of Final Acceptance and Owner's obligation to make the Final Payment, Contractor must deliver the following to Owner together with the Application for Final Payment:
5.14.1 A certificate from Contractor that the following have been paid or otherwise satisfied in full:
(a) all payrolls (including all union dues, health, welfare, pension plan and other labor associated contributions), invoices for all labor, materials and equipment and all other indebtedness connected with the Work for which Owner may in any way be responsible, and for which Owner has paid to Contractor; and (b) all applicable taxes due and payable prior to Final Payment and arising out of the Work.
5.14.2 An unconditional Release and Waiver of Claim upon final payment in the form attached as Exhibit G, signed (and notarized) by Contractor and all Subcontractors and Vendors and all other persons providing any services, labor, materials or equipment in relation to the Work.
5.14.3 A statement of all unresolved claims for which payment has been and/or shall be withheld by Owner.
