Final Acceptance. All Work has been completed and accepted by the County. The Contractor has provided all required close-out documentation and items as required by the Detailed Scope of Work for the specific Job Order, and these items and have accepted and approved by the County
Final Acceptance. When the Project/Service or any portion thereof, as designated by the COUNTY, is ready for its intended use, the COUNTY and any other invited parties shall make an inspection of the Project/Service, to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR shall have ten (10) calendar days to correct all deficiencies. An eighty-dollar ($80.00) re-inspection fee shall be applied for the third inspection and any required re-inspection thereafter. The COUNTY shall have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by the COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by the COUNTY, a final invoice will be prepared by the CONTRACTOR. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by the COUNTY, as full settlement of the account under the contract and of all claims in connection therewith. Occupancy by the COUNTY alone does not constitute final acceptance.
Final Acceptance. 7.8.4.1 Promptly after achieving Substantial Completion for both Facility Segments, Developer shall perform all remaining Construction Work for the Facility, including completion of all Punch List items, all landscaping other than vegetative ground cover and aesthetic features. Developer shall prepare and adhere to a timetable for planting and establishing the vegetative ground cover landscaping, taking into account weather conditions necessary for successful planting and growth, which timetable shall in any event provide for vegetative ground cover landscaping to be planted and established by 12 months after Substantial Completion for both Facility Segments.
7.8.4.2 TxDOT will issue a written certificate of Final Acceptance at such time as all of the following have occurred for the entire Facility:
(a) All requirements for Substantial Completion and Service Commencement for both Facility Segments have been satisfied;
(b) All Punch List items have been completed and delivered to the reasonable satisfaction of TxDOT;
(c) All aesthetic and landscaping features (other than vegetative ground cover landscaping) have been completed in accordance with Section 15 of the Technical Provisions and the plans and designs prepared in accordance therewith;
(d) TxDOT has received a complete set of the Record Drawings in form and content required by Section 2.2.7.2 of the Technical Provisions;
(e) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(f) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has ac...
Final Acceptance. Following the City Engineer’s final inspection and approval of the Extensions as having been completed in accordance with the plans and specifications of this Agreement, Developer shall convey ownership to all or such portions of the Extensions to the City as directed by the City. Upon acceptance of ownership by the City, the Extensions shall be the property of the City and subject to the control, use, and operation of the City, and to all applicable regulations and charges as established by the City from time to time. Prior to such acceptance, Developer shall execute and deliver to the City a xxxx of sale and a maintenance bond as follows:
A. The xxxx of sale for the Extensions (or portion thereof) shall be provided in the form approved by the City and containing the warranty set forth in Paragraph 23 of the General Conditions for Developer Extensions, entitled “Warranties of Developer.” For plans prepared by Developer’s engineer, Developer shall also provide the City with as-built record drawings on mylar and on computer disk in AutoCAD format, certified by a licensed professional land surveyor.
B. The maintenance bond shall be provided in the form approved by the City, and shall assure and guarantee Developer’s obligations to correct defects in design, labor, and/or materials as provided in this Agreement, and to defend, indemnify and hold harmless the City as provided in this Agreement. The maintenance bond shall continue in force from the date of acceptance and transfer of ownership for a period of two (2) years. The maintenance bond shall be in an amount equal to ten percent (10%) of the cost of said Extensions, or Five Thousand And No/100 Dollars ($5,000.00), whichever is greater.
Final Acceptance. Prior to final acceptance by the Owner of the project, the Consultant shall submit all of the required deliverables for the project as specified in this AGREEMENT. Upon submission of the request for final payment, the Consultant firm and its successors and assigns remise, release and forever discharge the Owner, its officers, agents and employees in their official and individual capacities of and from all liabilities, obligations and claims whatsoever in law and in equity under or arising out of this AGREEMENT.
Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications.
Final Acceptance. 1. Within thirty (30) days of the date of receipt by Purchaser and Independent Engineer of the Final Commissioning Report, the Purchaser shall issue a Certificate of Final Acceptance or reject such Report. If the Purchaser neither issues a Certificate of Final Acceptance nor rejects such Report within such thirty (30) day period, then the Date of Final Acceptance of the System shall be deemed to be the date such Final Commissioning Report was received by the Purchaser.
Final Acceptance. Two (2) years after the Town’s issuance of the Notice of Construction Acceptance, which time period may be extended at the Town’s discretion due to remedial or repair work that may be required by the Town during the first two (2) years, Developer shall make a written request to the Town for final inspection of the Subdivision Improvements. If the Town determines that the Subdivision Improvements are free of defects in materials and workmanship and have been repaired and maintained to the extent required, the Town shall provide certification of completion by issuance of a Notice of Final Acceptance of the Public Improvements and written approval of the Private Improvements. If the Town determines that the Subdivision Improvements are not free of defects in materials and workmanship and have not been repaired and maintained to the extent required, the Town shall issue a written notice of non- compliance specifying the defects. Developer shall take such action as is necessary to cure the noncompliance and, upon curing the same, provide a new written request to the Town for a final inspection of the Subdivision Improvements. Failure of the Developer to make a timely request for the issuance of a Notice of Final Acceptance shall not limit the Town’s rights hereunder nor shall it limit the Town’s right to utilize the Public Improvements as the Town deems appropriate. Upon issuance of the Notice of Final Acceptance, the Maintenance Guarantee shall be released to Developer, and the Town shall thereafter maintain the Public Improvements dedicated to the Town. Notice of Final Acceptance and all releases shall be recorded at the office of the Weld County Clerk and Recorder.
Final Acceptance. After (i) all of the Units #1 though #6 have achieved Commercial Operation, (ii) all retesting under Section 12.3(c) for any Unit, if applicable, is terminated, (iii) the requirements set forth in Section 12.3(d) have been achieved for all the Units #1 through #6, (iv) all tests required for Plant Commercial Operation have been satisfied, and (v) the Work is complete except for the Combustion Turbine Evaporative Cooler Test and for Punch List items (provided that the total Article 12 estimated cost of the Punch List items does not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000)), Owner shall, upon written request by Contractor, issue to Contractor a Certificate of Final Acceptance evidencing that all Work has been completed except for the aforementioned Combustion Turbine Evaporative Cooler Test or Punch List items, as applicable ("Final Acceptance"). Upon Final Acceptance, provided Contractor has met the requirements for the payment or release of Owner's Security, Owner shall release to Contractor the Owner's Security less two times the estimated cost of Punch List items, and less any amounts withheld pursuant to Section 3.1(f). When all remaining Punch List items are complete and approved by Owner, Owner shall release the remainder of the amount withheld for the Punch List. If other amounts are withheld, as the matters for which such other amounts were withheld are resolved, Owner shall release additional amounts accordingly. Final Acceptance shall not constitute a release or waiver by Owner of claims arising from punch list items, any work related to or arising out of the Combustion Turbine Evaporative Cooler (including Work on other Equipment which may result from repairs or adjustments which are determined to be necessary or desirable following the Combustion Turbine Evaporative Cooler Test); unsettled liens; the terms of any warranty contained in or required by this Agreement; or any other unsettled claims of Owner.
Final Acceptance. A condition which occurs when CDB accepts the certification of the A/E that the contractor has complied with all requirements of its contract, and that the contractor is authorized to receive final payment in full, including all retainage.
