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DELIVERY, INSTALLATION, ACCESS AND SUBSTANTIAL COMPLETION Sample Clauses

DELIVERY, INSTALLATION, ACCESS AND SUBSTANTIAL COMPLETIONThe Lessor shall cause the Leased Property to be delivered, unloaded, assembled, and installed on Xxxxxx’s Facility. Lessee hereby grants to Lessor a full and unrestricted right of entry and access (including all weather access) to Lessee’s Facility for the purposes set forth in this Agreement. Lessor shall be responsible for the work set forth on Exhibit B attached and incorporated herein by reference (the “Lessor’s Work”). Lessor’s Work shall be considered complete once Lessor’s Work is substantially complete in accordance with the scope of Lessor’s Work, which may occur before final engineer certification and commencement of operations (“Substantial Completion”). Lessor’s engineer (“Lessor’s Engineer”) will certify Substantial Completion of Lessor’s Work by written notice to Xxxxxx. Lessee may engage an engineer (the “Lessee’s Engineer”), at its cost, to inspect the Leased Property and confirm Substantial Completion, which confirmation shall be provided within five (5) days following Lessor’s Engineer’s certification being delivered to Lessee. Notwithstanding the foregoing, Lessor and Xxxxxx expressly agree that neither Xxxxxx’s Engineer, Lessee or Xxxxxx’s Engineer may (i) point to or rely upon the fact that work that must be completed by others that is not part of Lessor’s Work, including, without limitation, providing permanent electrical service and/or power to Lessee’s Facility, or (ii) rely upon the fact that a portion of Lessor’s Work cannot be completed or finished as a result of work that must be completed by others that is not part of Lessor’s Work (i.e., if Lessor has completed all of Lessor’s Work except for a portion of Lessor’s Work that requires the ability to tie Lessor’s Work into power lines or a power pole that has not yet been installed at Lessee’s Facility) in order to avoid a determination that Lessor’s Work has achieved Substantial Completion. For example, if Lessee has not, for any reason, provided permanent electrical service power, or utility power poles, by the time that Lessor’s Work is completed that failure shall not be considered in making the determination, since such obligation is not included in Lessor’s Work, even if Lessor has not been able to conduct start-up testing or commence operations, due to the failure of such work to be done. Following a determination of Substantial Completion (or deemed Substantial Completion) prior to Final Completion, the parties agree that the Leased Property must still thereafter pass fi...
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Related to DELIVERY, INSTALLATION, ACCESS AND SUBSTANTIAL COMPLETION

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Completion of Repairs Borrower will commence any Repairs as soon as practicable after the date of this Loan Agreement and will diligently proceed with and complete such Repairs on or before the Completion Date. All Repairs and Capital Replacements will be completed in a good and workmanlike manner, with suitable materials, and in accordance with good building practices and all applicable laws, ordinances, rules, regulations, building setback lines and restrictions applicable to the Mortgaged Property. Borrower agrees to cause the replacement of any material or work that is defective, unworkmanlike or that does not comply with the requirements of this Loan Agreement, as determined by Lender.

  • Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

  • Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the State shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: § 3.2 The Contract Time shall be measured from the date of commencement of the Work.

  • Completion Date The Work under this Contract shall be completed by midnight of the date required in the Contract as the Material Completion and Occupancy Date unless extended by approved requests for extension of time.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

  • Certificate of Substantial Completion The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the City when construction is sufficiently complete, in accordance with the Contract Documents, so the City of Roanoke, Virginia (City or Owner) can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. ITB NO.: PROJECT: CONTRACTOR: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work or portion thereof designated above performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as . The City will assume possession thereof at a.m./p.m. on that date. A list of items ("punch list"), prepared by the A/E and/or Director, Department of Public Works, to be completed or corrected by the Contractor, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Contractor will complete any portion of the Work that is not substantially complete and will complete or correct the work on the punch list in accordance with the Contract Documents. The establishment of a date of substantial completion and/or the acceptance of the Work or designated portion thereof does not relieve the Contractor of any responsibility for any faulty materials or workmanship or operate to relieve the Contractor or its Surety from any obligation under the Contract with the City or the Performance Bond or Labor and Material Payment Bond. This Certificate is subject to the terms and conditions of the Contract Documents, including but not limited to Section 20.8 of the General Conditions. Contractor By Date City of Roanoke, Virginia City By Date CITY OF ROANOKE, VIRGINIA AFFIDAVIT OF PAYMENT OF CLAIMS By: This day personally appeared before me, , and, being by me first duly sworn states that all subcontractors and suppliers of labor and materials have been paid all sums due them for work performed or materials furnished in the performance of the Contract between the City of Roanoke, Virginia, and ,Contractor, dated , 20 , for or arrangements have been made by the Contractor satisfactory to such subcontractors and suppliers with respect to the payment of such sums as may be due from the Contractor to the subcontractors and suppliers. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I, , a Notary Public in and for the Commonwealth of Virginia, do hereby certify that , whose name is signed to the foregoing, has subscribed, sworn to and acknowledged the same before me this day of , 20 . Seal: Notary Public Registration #: My Commission Expires:

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