Confirmation of Project Substantial Completion. When Contractor believes it has satisfied all of the requirements for Project Substantial 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 that Contractor has fulfilled the requirements of Project Substantial Completion. If Owner believes Contractor has not fulfilled such requirements, 7 Note to Draft: Performance Testing provisions to be inserted depending upon Bidder’s technology, overall project economics, and related downstream obligations. Significant, enhanced testing and warranty provisions to be developed for XXXX construction. 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 Project Substantial Completion as soon as practicable. Following any such remedial action, Contractor shall deliver to Owner a new notice and the provisions of this Section 6.3.2 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 seven (7) Business Days to the Project Substantial Completion Certificate provided by Contractor, Project Substantial Completion shall be deemed to have been achieved; provided, however, such deemed Project Substantial Completion shall not relieve Contractor from any of its obligations hereunder, including Contractor’s obligations to achieve Project Substantial Completion. For all purposes of this Agreement, Project Substantial Completion Date shall be the date the Project Substantial Certificate is ultimately accepted by Owner or, if applicable, deemed accepted by Owner.
Appears in 4 contracts
Samples: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement
Confirmation of Project Substantial Completion. When Contractor believes it has satisfied all of the requirements for Project Substantial 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 that Contractor has fulfilled the requirements of Project Substantial Completion. If Owner believes Contractor has not fulfilled such requirements, 7 Note to Draft: Performance Testing provisions to be inserted depending upon Bidder’s technology, overall project economics, and related downstream obligations. Significant, enhanced testing and warranty provisions to be developed for XXXX construction. 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 Project Substantial Completion as soon as practicable. Following any such remedial action, Contractor shall deliver to Owner a new notice and the provisions of this Section 6.3.2 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 seven (7) Business Days to the Project Substantial Completion Certificate provided by Contractor, Project Substantial Completion shall be deemed to have been achieved; provided, however, such deemed Project Substantial Completion shall not relieve Contractor from any of its obligations hereunder, including Contractor’s obligations to achieve Project Substantial Completion. For all purposes of this Agreement, Project Substantial Completion Date shall be the date the Project Substantial Certificate is ultimately accepted by Owner or, if applicable, deemed accepted by Owner. Punch List for Project.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
