Common use of Confirmation of Final Completion Clause in Contracts

Confirmation of Final Completion. When Contractor believes that it has satisfied all of the requirements for Final Completion, Contractor shall notify Owner in writing. Within five (5) Business Days of receipt of such notice, Owner shall notify Contractor in writing whether Owner agrees Contractor has fulfilled the requirements of Final Completion. If Owner believes Contractor has not fulfilled such requirements, Owner shall specify in such notice to Contractor in reasonable detail the reasons that such requirements have not been met. Contractor shall promptly act to correct such deficiencies so as to achieve Final Completion as soon as practicable. Following any such remedial action, Contractor shall deliver to Owner a new notice and the provisions of this Section 6.5.2 shall apply with respect to such new notice in the same manner as they applied to the original notice. If Owner fails to respond within five (5) Business Days to the Final Completion Certificate provided by Contractor, Contractor shall provide a second Final Completion Certificate, which will include a reference to the previously provided certificate and a statement to the effect that failure to respond to such second certificate shall result in Final Completion being deemed to have been achieved. If Owner fails to respond to the second Final Completion Certificate within seven (7) Business Days following receipt of such second certificate, Final Completion shall be deemed to have been achieved; provided, however, such deemed Final Completion shall not relieve Contractor from any of its obligations hereunder, including Contractor’s obligations to achieve Final Completion. For all purposes of this Agreement, the date of achievement of Final Completion shall be the date on which the relevant completion notice accepted by Owner or, if applicable, deemed accepted by Owner.

Confirmation of Final Completion. When Contractor Company believes that it has satisfied all of the requirements for Final Completion, Contractor Company shall notify submit a Final Completion Certificate to Owner in writingalong with all documentation reasonably necessary to determine if Final Completion has been achieved. Within five ten (510) Business Days of receipt of such noticefollowing the date on which a Final Completion Certificate is received by Owner, Owner (or Owner’s agent) shall review and inspect all Work related thereto and shall either (a) countersign and deliver to Company the Final Completion Certificate or (b) if reasonable cause exists for doing so, notify Contractor Company that Final Completion has not been achieved. Any notice issued pursuant to clause (b) above shall state in writing whether Owner agrees Contractor has fulfilled the requirements of detail Owner’s reasons for rejecting such Final CompletionCompletion Certificate. If Owner believes Contractor Final Completion has not fulfilled been achieved and Owner delivers the notice under clause (b) above, Company promptly shall take such requirementsaction, Owner shall specify in such notice to Contractor in reasonable detail including the reasons that such requirements have not been met. Contractor shall promptly act to correct such deficiencies performance of additional Work, so as to achieve Final Completion as soon as practicableCompletion. Following any Upon completing such remedial actionactions, Contractor Company shall deliver to Owner issue a new notice and the provisions of this Section 6.5.2 Final Completion Certificate for consideration by Owner. Such procedure shall apply with respect to such new notice in the same manner be repeated as they applied to the original noticenecessary until Final Completion is achieved. If Owner fails to respond within five ten (510) Business Days to after Owner receives the Final Completion Certificate provided by ContractorCompany, Contractor shall Company will provide a second Final Completion Certificate, which will include a reference notice to the previously provided certificate and a statement to the effect that Owner of such failure to respond to such second certificate shall result in Final Completion being deemed to have been achieved. If and, if Owner fails to respond to the second Final Completion Certificate within seven ten (710) Business Days following receipt of such second certificatenotice of failure, Final Completion shall be deemed to have been achieved; provided, however, provided such deemed Final Completion shall not relieve Contractor Company from (and shall not waive any right of Owner with respect to) any of its Company’s obligations hereunder, including Contractor(notwithstanding the foregoing) Company’s obligations to achieve Final Completion. For all purposes of this Agreement, the date of achievement of Final Completion shall be the date on which of the relevant completion notice Final Completion Certificate that is ultimately accepted by Owner or, if applicable, deemed accepted approved by Owner. Any disagreement about the achievement of Final Completion is subject to the dispute resolution process in Article XV.