Conditions to Substantial Completion. 4.9.2.1 The Department will issue a notice of Substantial Completion upon satisfaction of all the following conditions for the entire Project:
1. Developer has completed the design and construction of Phase II of the Project in accordance with the Contract Documents, including all Project equipment required to be installed and commissioned by Developer, except for Punch List items;
2. All lanes of traffic as set forth in the Design Documents are in their final configuration and Developer has certified that such lanes can be opened to traffic;
3. The relevant systems and equipment installed by Developer have passed the tests required under the Contract Documents and Developer has delivered to the Department all reports, data and documentation relating to such tests;
4. All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties as required by the Contract Documents complies with the requirements of the applicable agreements with such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
5. Developer has received, and paid all associated fees due and owing for, all applicable Governmental Approvals and other third-party approvals required for use and operation of the Project, and there exists no uncured violation of the terms and conditions of any such Governmental Approval or other third- party approvals;
6. All plans, manuals and reports for the O&M Work to be performed during the Operating Period have been submitted and accepted by the Department as required under the Contract Documents;
7. Developer has made all deposits to the Intellectual Property Escrow required at or prior to Substantial Completion pursuant to Section 21.5;
8. There exist no uncured Developer Defaults (except any Developer Default which will be cured by achieving Substantial Completion);
9. The O&M Security required under Section 16.2.3 has been obtained and is in full force and effect, and Developer has delivered to the Department, as applicable, certified and conformed copies of the bond, original letter of credit and the original multiple obligee rider. If Developer procures the surety bond directly, Developer shall deliver to the Department the originals of the bond; and
10. Developer has prepared and submitted the Punch List in accordance with the procedures and schedules set forth in the Project Management Plan.
4.9.2.2 Approximately [60] da...
Conditions to Substantial Completion. MCWD shall not commence start-up operations of the Desalination Plant in preparation for conducting the Acceptance Tests until Substantial Completion has occurred. “Substantial Completion” shall occur only when all of the following conditions have been satisfied or waived by the Parties in writing:
Conditions to Substantial Completion. “Substantial Completion” shall occur only when all of the following conditions have been satisfied, unless waived by the Owner:
Conditions to Substantial Completion. Substantial Completion of the DB Project shall be achieved hereunder if the following conditions have been met:
(i) all lanes of traffic (including ramps, interchanges, overpasses, underpasses, and other crossings) set forth in the Construction Documentation are in their final configuration and available for normal and safe use and operation;
(ii) all major safety features which are part of the DB Project are installed and functional, including, as required, shoulders, guard rails, striping and delineations, concrete traffic barriers, bridge railings, cable safety systems, metal beam guard fences, safety end treatments, terminal anchor sections and crash attenuators;
(iii) all required illumination for normal and safe use and operation which is part of the DB Project is installed and functional in accordance with the Technical Requirements;
(iv) all required signs and signals for normal and safe use and operation which are part of the DB Project are installed and functional in accordance with the Technical Requirements;
(v) the need for temporary traffic controls or for lane closures at any time which are part of the DB Project has ceased (except for any then required for routine maintenance, and except for temporary lane closures during hours of low traffic volume in accordance with and as permitted by a Department- approved traffic management plan solely in order to complete Concessionaire’s Punch List items);
(vi) Contractor has completed the toll commissioning process described in the Technical Requirements, and the ETTM System is completed, has passed all demonstration and performance testing in accordance with the Construction Documentation and the Technical Requirements, including demonstration of interoperability with E-ZPass or any successor to E-ZPass then utilized on State Highways, and is ready for normal operation unless the foregoing conditions have been previously satisfied under Section 9.02(a)(viii) of the Comprehensive Agreement;
(vii) the TMS (if any) and safety features for TMS components are installed and functional;
(viii) Contractor has concluded a Performance Test in which the DB Project demonstrates a level of achievement deemed satisfactory in accordance with the Performance Testing and Commissioning Plan and Program;
(ix) Contractor has delivered either (i) (A) an interim lien waiver, in the form of Exhibit D hereto, of Contractor’s lien Claims to the extent of most recent payment received by Contractor and (B) interim lien waive...
Conditions to Substantial Completion. “Substantial Completion” shall occur 396 days after the issuance of the Notice to Proceed and the following conditions have been satisfied, as determined by the City Representative and evidenced by a “Certificate of Substantial Completion,” except to the extent that any or all of such conditions have been waived by the City:
Conditions to Substantial Completion. MCWD shall not commence start-up operations of the Desalination Plant in preparation for conducting the Acceptance Tests until Substantial Completion has occurred. “Substantial Completion” shall occur only when all of the following conditions have been satisfied or waived by the Parties in writing: the applicable contractor or design professional has certified to MCWD or MCWRA, as applicable, that “substantial completion,” as defined under the applicable construction contract, has occurred; a preliminary or temporary certificate of occupancy has been issued with respect to the Project Facilities, if required by any Legal Requirements; MCWD and MCWRA are authorized under any applicable Legal Requirements to conduct an Acceptance Test and to operate their respective facilities, and such authorization has not been withdrawn or revoked; and MCWD and MCWRA have submitted written certification that all of the foregoing conditions have been satisfied.
Conditions to Substantial Completion. SUBSTANTIAL COMPLETION" shall occur when all of the following have occurred or have been waived in writing by Owner and Lender:
Conditions to Substantial Completion. Substantial Completion means completion of all physical aspects of the Project such that all Property and Facilities constructed or renovated are complete. Additionally, access to the Property and Facilities will be so limited after Substantial Completion such that it will not be possible for Construction Work to continue after Substantial Completion.
Conditions to Substantial Completion. SECTION 7.1. Conditions to Substantial Completion of the Property. Substantial Completion shall be deemed to have occurred for purposes of the Operative Documents at such time as the Construction, including Tenant Improvement Work, shall have been substantially completed in accordance with the Plans and Specifications and all Applicable Law, and the Property shall be ready for occupancy and operation, as evidenced by certificates of the Architect, the Prime Contractor and the Construction Agent and the issuance by the appropriate Governmental Authority of certificates of occupancy for the Facility contemplated by the Plans and Specifications, all in form and substance reasonably satisfactory to the Lessor.
Conditions to Substantial Completion. “Substantial Completion” shall occur when all of the following conditions have been satisfied:
