Common use of Final Acceptance Certificate Clause in Contracts

Final Acceptance Certificate. 15.01 Two months prior to the projected expiration of the Maintenance Period as specified in each CCC, the Developer shall inspect the Work and shall correct all defects noted due to damage and other causes. The Developer shall then submit to the City, for each of the FAC Items outlined in Schedule “A”, items 5 and 6, four (4) original copies of the Final Acceptance Certificate, duty signed and sealed by the Consulting Engineer, and four (4) copies of an 8 ½ inch by 11 inch map indicating the area that the infrastructure has been completed. 15.02 After receipt of the FAC the Director, Calgary Approvals Coordination shall make an Inspection within one (1) month of the receipt thereof, provided always that weather conditions permit a proper Inspection. If the Work is acceptable to the Director, Calgary Approvals Coordination, the Director, Calgary Approvals Coordination shall issue the FAC. 15.03 Notwithstanding Paragraph 15.2, if defects or deficiencies are apparent in the opinion of the Director, Calgary Approvals Coordination, the FAC shall be returned to the Developer unsigned with a list of the defects and deficiencies. The Developer shall correct the said defects and deficiencies and any other defects and deficiencies and then resubmit to the City the FAC. 15.04 Prior to the issuance of the last FAC by the Director, Calgary Approvals Coordination, the Developer shall submit "As-Built" Drawings of the Work satisfactory to the Director, Calgary Approvals Coordination.

Final Acceptance Certificate. 15.01 Two months prior When Contractor considers that the criteria for Final Acceptance for the Facility have been met, Contractor shall so notify Owner in writing by delivering to the projected expiration of the Maintenance Period as specified in each CCC, the Developer shall inspect the Work and shall correct all defects noted due to damage and other causesOwner a Final Acceptance Certificate. The Developer shall then submit to the City, for each of the FAC Items outlined in Schedule “A”, items 5 and 6, four Within five (45) original copies Business Days after Owner’s receipt of the Final Acceptance Certificate, duty signed Owner shall either (i) notify Contractor that Final Acceptance has been achieved and sealed by execute the Consulting Engineer, and four (4) copies of an 8 ½ inch by 11 inch map indicating the area Final Acceptance Certificate noting that the infrastructure Final Acceptance Date is the date on which Owner received the Final Acceptance Certificate, or (ii) notify Contractor that Final Acceptance has not been completed. 15.02 After receipt achieved and provide a detailed explanation of the FAC the Directorreasons therefor, Calgary Approvals Coordination except that if Owner requires additional time for review, then Owner shall make an Inspection within one (1) month provide Contractor written notice of the receipt thereofneed for such additional time during the five (5) Business Day period recited above, provided always that weather conditions permit and, if Owner subsequently rejects the Final Acceptance Certificate, then the Contractor may request a proper InspectionChange Order for a day for day adjustment to the Project Schedule for each day after the fifth (5th) Business Day until the day on which the Owner issues the rejection of the Final Acceptance Certificate. Owner shall in all events diligently cooperate with respect to Contractor’s ongoing performance of Work scheduled, if any, during the pendency of Owner’s review of the Final Acceptance Certificate. In the event Owner rejects a Final Acceptance Certificate delivered by Contractor, the Parties shall thereupon promptly and in good xxxxx xxxxxx and make all reasonable efforts to resolve the applicable issue. If such issue is not resolved within five (5) Business Days of the Work is acceptable delivery by Owner of its notice of rejection to the Director, Calgary Approvals CoordinationContractor, the Director, Calgary Approvals Coordination Parties shall issue refer the FAC. 15.03 Notwithstanding Paragraph 15.2, if matter for determination in accordance with the dispute resolution provisions of Section 16.3. If Owner’s rejection is a result of identified defects or deficiencies are apparent in the opinion of Work, Contractor shall correct such defects or deficiencies and/or perform such Work and the Director, Calgary Approvals Coordination, the FAC foregoing notice procedure shall be returned to repeated until the Developer unsigned with a list of the defects and deficiencies. The Developer shall correct the said defects and deficiencies and any other defects and deficiencies and then resubmit to the City the FACrequirements for Final Acceptance have been met. 15.04 Prior to the issuance of the last FAC by the Director, Calgary Approvals Coordination, the Developer shall submit "As-Built" Drawings of the Work satisfactory to the Director, Calgary Approvals Coordination.

Final Acceptance Certificate. 15.01 (1) A Final Acceptance Certificate for a Dedicated Utility or Improvement shall not be issued earlier than the expiry of the Maintenance Period. (2) Two (2) months prior to the projected expiration of the Maintenance Period as specified in each CCCfor the Dedicated Utility or Improvement or earlier, depending upon existing or anticipated weather conditions, the Developer and the Developer’s Consulting Engineer shall carry out a complete inspection of the Dedicated Utility or Improvement and shall promptly correct any defects or deficiencies noted during the inspection. Upon correcting all defects and deficiencies and submitting as- built drawings, information and other documents required by the Servicing Standards, the Developer shall inspect the Work and shall correct all defects noted due to damage and other causes. The Developer shall then submit to the City, for each of the FAC Items outlined in Schedule “A”, items 5 and 6, four (4) original copies of the Final Acceptance Certificate, duty signed and sealed by the Consulting Engineer, and four (4) copies of an 8 ½ inch a proposed Final Acceptance Certificate for the Dedicated Utility or Improvement signed by 11 inch map indicating the area that Developer and its Consulting Engineer to the infrastructure has been completedManager. 15.02 After receipt of the FAC the Director, Calgary Approvals Coordination (3) The Manager shall make an Inspection inspection of the Dedicated Utility or Improvement within one (1) month of the receipt thereof, provided always that weather conditions of the proposed Final Acceptance Certificate or such longer period as is determined to be required by the Manager to permit a proper Inspection. If inspection, and if as a result of the Work inspection the Manager is acceptable to satisfied that the DirectorDedicated Utility or Improvement is in satisfactory condition, Calgary Approvals Coordinationthat the as-built drawings, information and other documents have been submitted in satisfactory form, and that all other requirements of the Servicing Standards have been satisfied, the Director, Calgary Approvals Coordination Manager shall sign and issue the FAC. 15.03 Notwithstanding Paragraph 15.2, if Final Acceptance Certificate. In the event that defects or deficiencies are apparent in the opinion Dedicated Utility or Improvement are observed during the course of the Directorinspection or if the as-built drawings, Calgary Approvals Coordinationinformation and other documents have not been submitted or have been submitted in an unsatisfactory form, or any other requirements of the FAC Servicing Standards have not been satisfied, all copies of the proposed Final Acceptance Certificate shall be returned to the Developer unsigned with a list report of the defects and deficienciesdeficiencies listed thereon or attached thereto. The Developer shall correct Upon rectification of the said listed defects and deficiencies and any other defects and deficiencies and then resubmit to the City the FAC. 15.04 Prior to the issuance of the last FAC by the Director, Calgary Approvals Coordinationdeficiencies, the Developer shall submit "As-Built" Drawings resubmit the documents required pursuant to Paragraph 8.5.2 and Paragraph 8.5.3 shall then apply to the resubmitted documents. (4) The Manager may after consulting with the developer direct that a single Final Acceptance Certificate be issued for all Dedicated Utilities and Improvements or that a Final Acceptance Certificate be issued for two or more Dedicated Utilities and Improvements. (5) Issuance of the Work satisfactory Final Acceptance Certificate by the Manager ends the Maintenance obligation of the Developer for the Dedicated Utility or Improvement, but shall not relieve the Developer of any other obligations pursuant to this Agreement nor of the Director, Calgary Approvals Coordinationobligation for maintenance of all other Developer Installed Utilities and Improvements.

Final Acceptance Certificate. 15.01 Two months prior to When Subcontractor considers that the projected expiration of criteria for Final Acceptance for the Maintenance Period as specified in each CCC, the Developer shall inspect the Work and shall correct all defects noted due to damage and Facility have been met other causes. The Developer shall then submit to the City, for each of the FAC Items outlined in Schedule “A”, items 5 and 6, four (4) original copies than Contractor’s countersignature of the Final Acceptance Certificate, duty signed and sealed Subcontractor shall so notify Contractor in writing by the Consulting Engineer, and four delivering to Contractor a Final Acceptance Certificate. Within ten (410) copies of an 8 ½ inch by 11 inch map indicating the area that the infrastructure has been completed. 15.02 After Business Days after Contractor’s receipt of the FAC Final Acceptance Certificate, Contractor shall either (i) notify Subcontractor that Final Acceptance has been achieved and execute the DirectorFinal Acceptance Certificate noting that the Final Acceptance Date is the date on which Contractor received the Final Acceptance Certificate, Calgary Approvals Coordination shall make an Inspection within one or (1ii) month notify Subcontractor that Final Acceptance has not been achieved and provide a detailed explanation of the receipt thereofreasons therefor, provided always except that weather conditions permit if Contractor requires additional time for review, then Contractor shall provide Subcontractor written notice of the need for such additional time during the ten (10) Business Day period recited above, and the Subcontractor shall grant the Contractor the additional time required by Contractor for such review but in no event is Subcontractor required to grant more than an additional five (5) Business Days for such review. In the event Contractor rejects a proper Inspection. If the Work is acceptable to the DirectorFinal Acceptance Certificate delivered by Subcontractor, Calgary Approvals Coordination, the Director, Calgary Approvals Coordination Subcontractor shall issue the FAC. 15.03 Notwithstanding Paragraph 15.2, if correct such defects or deficiencies are apparent in and/or perform such Work, and the opinion of the Director, Calgary Approvals Coordination, the FAC foregoing notice procedure shall be returned repeated until the requirements for Final Acceptance have been met. Delay Damages. Subject to (i) Section 12.4, (ii) any revised Guaranteed Mechanical Completion Date or revised Guaranteed Substantial Completion Date, (iii) any Force Majeure Event, (iv) Contractor Caused Delays, (v) delays from the Developer unsigned with Utility, (vi) delays as a list result of the defects Governmental Approval, and deficiencies. The Developer shall correct the said defects and deficiencies and any other defects and deficiencies and then resubmit to the City the FAC. 15.04 Prior to the issuance of the last FAC by the Director, Calgary Approvals Coordination, the Developer shall submit "As-Built" Drawings (vii) Work disputes causing delays in Subcontractor’s performance of the Work satisfactory not caused directly or indirectly by Subcontractor (“Excused Delays”), in the event [a) Mechanical Completion has not occurred on or before the Guaranteed Mechanical Completion Date or (b) Substantial Completion for the Facility has not occurred on or before the Guaranteed Substantial Completion Date], then, as Contractor’s sole and exclusive remedy for Subcontractor’s failure to achieve Mechanical Completion or Substantial Completion by the DirectorGuaranteed Mechanical Completion Date or the Guaranteed Substantial Completion Date (as applicable), Calgary Approvals CoordinationSubcontractor shall pay to Contractor as liquidated damages and not as a penalty, an amount equal to [____]10 per MW DC per day for each day after [(x) the applicable Guaranteed Mechanical Completion Date until the Mechanical Completion Date or ](y) the applicable Guaranteed Substantial Completion Date until the Substantial Completion Date for such Facility, or the Delay Liquidated Damages are equal to [ ] of the Contract Price (on the Effective Date) as set forth in Section [ ] (the “Delay Damages”). 11 If Mechanical Completion has not occurred on or before the Guaranteed Mechanical Completion Date, Delay Damages shall begin to accrue, but will not be immediately due, as set forth above; however, Contractor will not require Subcontractor’s payment of such Delay Damages if Substantial Completion for the Facility occurs on or before the Guaranteed Substantial Completion Date.