Common use of Final Completion Certificate Clause in Contracts

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQ’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQ, and to issue to HMQ and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

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Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ Ministry Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Phase One Final Completion or Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ Ministry Representative notice (the a “Final Completion Notice”) upon the satisfaction of all requirements for Phase One Final Completion or Final Completion, as applicable, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Phase One Final Completion or Final Completion, including the completion and rectification of all Minor DeficienciesDeficiencies and the time required for completion of all Minor Deficiencies (other than any outstanding seasonal work), the time required for completion of any outstanding seasonal work and the submission of all records and data as set forth in Section 3 of Schedule 16 - Commissioning, together with Project Co’s opinion as to whether the conditions for issuance of the Phase One Final Completion Certificate or the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ The Ministry shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQthe Ministry’s opinion as to whether the conditions for issuance of the Phase One Final Completion Certificate or the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Phase One Final Completion Certificate or the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQthe Ministry’s opinion pursuant to Section 24.11(c25.7(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Phase One Final Completion Certificate or the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQthe Ministry, and to issue to HMQ the Ministry and to Project Co either: (i) the Phase One Final Completion Certificate or the Final Completion Certificate, setting out in such certificate the Phase One Final Completion Date or the Final Completion Date, as applicable; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Phase One Final Completion Certificate or the Final Completion Certificate, including any items on the Minor Deficiencies List which remain outstanding other than any outstanding seasonal work identified in the Final Completion Notice. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii25.7(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 22 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ Ministry Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c25.7(c) to (e), inclusive, shall be repeated until the Phase One Final Completion Certificate or the Final Completion Certificate, as applicable, has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Phase One Final Completion Certificate or the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 22 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, the Ministry may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to the Ministry the costs incurred by the Ministry to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ IO Representative at least 10 Business Days' notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ IO Representative notice (the "Final Completion Notice") upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s 's opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ IO shall, within 5 five Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s IO's opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 five Business Days after Project Co’s 's receipt of HMQ’s IO's opinion pursuant to Section 24.11(c24.15(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQIO, and to issue to HMQ IO and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate, including any items on the Final Minor Deficiencies List which remain outstanding. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii24.15(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 24 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ IO Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s 's decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 24 - Dispute Resolution Procedure. (g) For the purposes of the Final Completion Notice, any of the Final Minor Deficiencies which are items of minor work of a seasonal nature which cannot be completed prior to the Final Completion Date shall be identified in the Final Completion Notice, and shall be completed within the period identified in the Final Completion Notice. (h) IO shall return the Remaining Works Letter of Credit within 5 Business Days following the issuance of the Final Completion Certificate provided that if the there are any seasonal works identified in the Final Completion Notice, IO may draw from the Remaining Works Letter of Credit a holdback amount equal to 200% of the estimated cost of completing such seasonal work as identified by the Independent Certifier. Upon completion and rectification of such seasonal work, IO shall release to Project Co the amount of the holdback related to such seasonal work, together with all interest accrued thereon. (i) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, IO may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co, and IO may deduct such cost from the holdback amount identified in Section 24.15(h). Upon completion and rectification of such seasonal work, IO shall release to Project Co the amount of the holdback related to such seasonal work, together with all interest accrued thereon. If the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse IO for all such excess cost.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ WGH Representative at least 10 Business Days' notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ WGH Representative notice (the "Final Completion Notice") upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s 's opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ WGH shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s WGH's opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s 's receipt of HMQ’s WGH's opinion pursuant to Section 24.11(c25.12(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQWGH, and to issue to HMQ WGH and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii25.12(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ WGH Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c25.12(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s 's decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor DeficienciesDeficiencies and the time for completion of seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQ’s opinion pursuant to Section 24.11(c24.15(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQ, and to issue to HMQ and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate, including any items on the Minor Deficiencies List which remain outstanding. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii24.15(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.15 (c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ City Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ City Representative notice (the a “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, the time required for completion of all outstanding seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ The City shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQthe City’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQthe City’s opinion pursuant to Section 24.11(c26.8(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQthe City, and to issue to HMQ the City and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date, as applicable; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate, including any items on the Minor Deficiencies List which remain outstanding. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii26.8(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ City Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; andAmended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 114 CAN: 26350049.2 BD-#30398459-v2 (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and (iv) and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c26.8(c) to (e26.8(e), inclusive, shall be repeated until the Final Completion Certificate Certificate, has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, the City may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to the City the costs incurred by the City to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ Representative at least 10 Business Days’ Days‟ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s Co‟s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s HMQ‟s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s Co‟s receipt of HMQ’s HMQ‟s opinion pursuant to Section 24.11(c24.15(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQ, and to issue to HMQ and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate, including any items on the Minor Deficiencies List which remain outstanding. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii24.15(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.15 (c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s Certifier‟s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ IO Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ IO Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor DeficienciesDeficiencies and the time for completion of all seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ IO shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQIO’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQIO’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQIO, and to issue to HMQ IO and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ IO Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, IO may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to IO the costs incurred by IO to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ SJHC Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ SJHC Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Early Occupancy Minor DeficienciesDeficiencies and all Minor Deficiencies and the time for completion of all seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ SJHC shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQSJHC’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQSJHC’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQSJHC, and to issue to HMQ SJHC and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ SJHC Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) For the purposes of the Final Completion Notice, any of the Minor Deficiencies which are items of minor work of a seasonal nature which cannot be completed prior to the Final Completion Date shall be identified in the Final Completion Notice, and shall be completed within the period identified in the Final Completion Notice. (h) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, SJHC may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co, and SJHC may deduct such cost from the holdback amount identified in Section 24.10(a). Upon completion and rectification of such seasonal work, SJHC shall release to Project Co the amount of the holdback related to such seasonal work, together with all interest accrued thereon. If the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse SJHC for all such excess cost.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ CTC Representative at least 10 ten Business Days’ notice prior to the date upon which Project Co anticipates all requirements for delivering the Final Completion shall be satisfiedNotice. (b) Project Co shall give the Independent Certifier and the HMQ CTC Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdbackthe Completion Holdback, including a declaration that no written notices of xxxx xxxxxxx lien arising from the performance of the Works have been received by it, or if any notice of lien has been received, any such lien has been removed; (ii) Project Co’s Statutory Declaration CCDC 9A9A (2001); (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has have been performed to the requirements of the Contract Ancillary Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ The CTC shall, within 5 five Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQthe CTC’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 five Business Days after Project Co’s receipt of HMQthe CTC’s opinion pursuant to Section 24.11(c24.15(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQthe CTC, and to issue to HMQ the CTC and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate confirming the date of issue as the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii24.15(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 five Business Days after receipt of such report, provide the Independent Certifier and the HMQ CTC Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) For the purposes of the Final Completion Notice, any of the Minor Deficiencies which are items of minor work of a seasonal nature which cannot be completed prior to the Final Completion Date shall be identified in the Final Completion Notice, and shall be completed within the period identified in the Final Completion Notice.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier Consultant and the HMQ Representative CMH’s Project Manager at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall then give the Independent Certifier Consultant and the HMQ Representative CMH’s Project Manager a subsequent notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx lien arising from the performance of the Works Work have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works Work has been performed to the requirements of the Contract Documents, itemizing approved changes in the WorksWork, the Independent CertifierConsultant’s written instructions, and modifications required by Governmental Authorities. (c) HMQ CMH shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier Consultant and Project Co with HMQCMH’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQCMH’s opinion pursuant to Section 24.11(c16.4(c), the Parties shall cause the Independent Certifier Consultant to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQCMH, and to issue to HMQ CMH and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier Consultant considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier Consultant has issued a report in accordance with Section 24.11(d)(ii16.4(d)(ii) and Project Co has not referred a Dispute dispute in relation thereto for resolution in accordance with Schedule 27 - 14 – Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier Consultant and the HMQ Representative CMH’s Project Manager with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c16.4(c) to (e16.4(e), inclusive, shall be repeated until the Final Completion Certificate has been issuedissued pursuant to Section 16.4(d)(i). (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ HRRH Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ HRRH Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor DeficienciesDeficiencies and the time for completion of all seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ HRRH shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQHRRH’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQHRRH’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQHRRH, and to issue to HMQ HRRH and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ HRRH Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, HRRH may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to HRRH the costs incurred by HRRH to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

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Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ IO Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion in respect of a Site shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ IO Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final CompletionCompletion in respect of a Site, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor DeficienciesDeficiencies and the time for completion of all seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ IO shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQIO’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQIO’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQIO, and to issue to HMQ IO and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ IO Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, IO may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to IO the costs incurred by IO to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier Consultant and the HMQ Representative THP’s Project Manager at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for delivering the Final Completion shall be satisfiedNotice. (b) Project Co shall then give the Independent Certifier Consultant and the HMQ Representative THP’s Project Manager a subsequent notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices notice of xxxx xxxxxxx from lien arising in relation to the performance of the Works have Work has been received by itit that has not been withdrawn by the lien claimant; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works Work has been performed to the requirements of the Contract Documents, itemizing approved changes in the WorksWork, the Independent CertifierConsultant’s written instructions, and modifications required by Governmental Authorities. (c) HMQ THP shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier Consultant and Project Co with HMQTHP’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued.issued.‌ (d) Within 5 Business Days after Project Co’s receipt of HMQTHP’s opinion pursuant to Section 24.11(c16.3(c), the Parties shall cause the Independent Certifier Consultant to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQTHP, and to issue to HMQ THP and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate confirming the date of issue as the Final Completion Date; oror‌ (ii) a report detailing the matters that the Independent Certifier Consultant considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate.Certificate.‌ (e) Where the Independent Certifier Consultant has issued a report in accordance with Section 24.11(d)(ii16.3(d)(ii) and Project Co has not referred a Dispute dispute in relation thereto for resolution in accordance with Schedule 27 - 14 – Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier Consultant and the HMQ Representative with:THP’s Project Manager with:‌ (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c16.3(c) to (e16.3(e), inclusive, shall be repeated until the Final Completion Certificate has been issuedissued pursuant to Section 16.3(d)(i). (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ NHS Representative at least 10 Business Days' notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ NHS Representative notice (the "Final Completion Notice") upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s 's opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ NHS shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s NHS's opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s 's receipt of HMQ’s NHS's opinion pursuant to Section 24.11(c25.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQNHS, and to issue to HMQ NHS and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii25.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ NHS Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c25.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s 's decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ WCH Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ WCH Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion of the Phase 2A Works and the completion and rectification of all Interim Minor DeficienciesDeficiencies and all Minor Deficiencies and the time for completion of all seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ WCH shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQWCH’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQWCH’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQWCH, and to issue to HMQ WCH and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ WCH Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, WCH may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to WCH the costs incurred by WCH to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier Consultant and the HMQ Representative HMQ’s Project Manager at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall then give the Independent Certifier Consultant and the HMQ Representative HMQ’s Project Manager a subsequent notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works Work have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works Work has been performed to the requirements of the Contract Documents, itemizing approved changes in the WorksWork, the Independent CertifierConsultant’s written instructions, and modifications required by Governmental Authorities. (c) HMQ shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier Consultant and Project Co with HMQ’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQ’s opinion pursuant to Section 24.11(c16.6(c), the Parties shall cause the Independent Certifier Consultant to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQ, and to issue to HMQ and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier Consultant considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier Consultant has issued a report in accordance with Section 24.11(d)(ii16.6(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - 14 – Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier Consultant and the HMQ Representative HMQ’s Project Manager with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ CAMH Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ CAMH Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor Deficiencies, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ CAMH shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQCAMH’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQCAMH’s opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQCAMH, and to issue to HMQ CAMH and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ CAMH Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure.

Appears in 1 contract

Samples: Project Agreement

Final Completion Certificate. (a) Project Co shall give the Independent Certifier and the HMQ HHS Representative at least 10 Business Days’ notice prior to the date upon which Project Co anticipates all requirements for Final Completion shall be satisfied. (b) Project Co shall give the Independent Certifier and the HMQ HHS Representative notice (the “Final Completion Notice”) upon the satisfaction of all requirements for Final Completion, which Final Completion Notice shall describe, in reasonable detail, the satisfaction of the requirements for Final Completion, including the completion and rectification of all Minor DeficienciesDeficiencies and the time for completion of all seasonal work, together with Project Co’s opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied. The Final Completion Notice shall also include the following documentation: (i) Project Co’s written request for release of holdback, including a declaration that no written notices of xxxx xxxxxxx from the performance of the Works have been received by it; (ii) Project Co’s Statutory Declaration CCDC 9A; (iii) Project Co’s WSIB Certificate of Clearance; and (iv) a written statement that the Works has been performed to the requirements of the Contract Documents, itemizing approved changes in the Works, the Independent Certifier’s written instructions, and modifications required by Governmental Authorities. (c) HMQ HHS shall, within 5 Business Days after receipt of the Final Completion Notice, provide the Independent Certifier and Project Co with HMQ’s HHS’ opinion as to whether the conditions for issuance of the Final Completion Certificate have been satisfied and, if applicable, any reasons as to why it considers that the Final Completion Certificate should not be issued. (d) Within 5 Business Days after Project Co’s receipt of HMQ’s HHS’ opinion pursuant to Section 24.11(c), the Parties shall cause the Independent Certifier to determine whether the conditions for issuance of the Final Completion Certificate have been satisfied, having regard for the opinions of both Project Co and HMQHHS, and to issue to HMQ HHS and to Project Co either: (i) the Final Completion Certificate, setting out in such certificate the Final Completion Date; or (ii) a report detailing the matters that the Independent Certifier considers are required to be performed by Project Co to satisfy the conditions for issuance of the Final Completion Certificate. (e) Where the Independent Certifier has issued a report in accordance with Section 24.11(d)(ii) and Project Co has not referred a Dispute in relation thereto for resolution in accordance with Schedule 27 - Dispute Resolution Procedure, Project Co shall, within 5 Business Days after receipt of such report, provide the Independent Certifier and the HMQ HHS Representative with: (i) a detailed list indicating the rectification actions proposed for all matters raised in such report; (ii) the schedule for completion of all such rectification actions; and (iii) any additional Project Co Commissioning that needs to be undertaken as a result of the rectification actions, and Project Co shall perform all such additional rectification actions and Project Co Commissioning in a timely manner. Upon completion thereof, Project Co may give a further Final Completion Notice and Sections 24.15(c24.11(c) to (e), inclusive, shall be repeated until the Final Completion Certificate has been issued. (f) Any Dispute in relation to the Independent Certifier’s decision to issue or not to issue the Final Completion Certificate may be referred for resolution in accordance with Schedule 27 - Dispute Resolution Procedure. (g) If, within 30 days after the time specified in the Final Completion Notice for completion of seasonal work, Project Co has failed to complete such seasonal work, HHS may engage others to perform the work necessary to complete the seasonal work, at the risk and cost of Project Co. Project Co shall pay to HHS the costs incurred by HHS to complete such seasonal work within 10 Business Days of presentation of an invoice for such costs.

Appears in 1 contract

Samples: Project Agreement

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