Common use of Final Completion Clause in Contracts

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreement.

Final Completion. Subject to a. On or before the occurrence of Day that is [five (5)] Business Days after the FNTP DateDate on which Seller believes that Final Completion has been achieved, Seller shall cause the Work submit to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering Purchaser a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of , along with all documentation necessary for Purchaser to determine if Final Completion has been achieved and indicating Seller. Buyer shall, within fifteen (15) Business Days after ’s proposed Actual Commercial Operation Date. b. Following receipt of such Final Completion Certificate, either (a) confirm in writing Purchaser shall review such certificate and documentation for purposes of determining if Final Completion has been achieved and consideration of the proposed Actual Commercial Operation Date. c. At the discretion of Purchaser, the Parties may schedule and arrange for an inspection of the System. Such inspection shall be scheduled for a date, mutually agreeable to Seller that it agrees that and Purchaser. Based on the Work has achieved Final Completion inspection, Purchaser may prepare and deliver to Seller a punch list of any observed defects or deficiencies (b) notify the “Punch List”). Seller in writing that it does not agree that shall, at its sole cost and expense, promptly correct and address the Work has achieved Final Completion items on the Punch List and shall provide in reasonable detail an explanation of Notice to Purchaser when such all such items on the basis for its disagreementPunch List have been corrected. If Buyer provides Seller with a notice pursuant to clause (b) immediately aboverequested by Purchaser, Seller shall address schedule and resolve any arrange a follow-up inspection for Purchaser after all Punch List items are resolved. All Punch List items shall be resolved prior to the Actual Commercial Operation Date, unless otherwise agreed in writing by Purchaser. d. Following Purchaser satisfaction, in its discretion, of Final Completion of the System, Purchaser shall countersign and all deficiencies in deliver to Seller the Work and resubmit its Final Completion Certificate to Buyer. For indicate its agreement that Final Completion has been achieved and the Parties’ agreement of the Actual Commercial Operation Date for purposes of this Agreement. e. Not later than [fifteen (15)] Days following Final Completion, the Work Seller shall be deemed deliver to have achieved Final Completion on the earlier of Purchaser (i) two (2) electronic copies of the date Buyer confirms in writing to Seller that it agrees final draft of the Work has achieved Final Completion and final design specifications of the System (if amended), (ii) if within fifteen final “as-built” plans and line diagrams/drawings stamped and certified by a Qualified Engineer, (15iii) Business Days after receipt from Seller of all shop drawings and test reports, including performance test reports and commissioning documents for the Final Completion CertificateSystem, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause and (biv) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreementsuch other documentation or materials reasonably requested by Purchaser.

Final Completion. Subject to (a) On or before the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers Day that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB is five (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (155) Business Days after the Date on which Seller believes that Final Completion has been achieved, Seller shall submit to Purchaser a Final Completion Certificate, along with all documentation necessary for Purchaser to determine if Final Completion has been achieved and indicating Seller’s proposed Actual Commercial Operation Date. (b) Following receipt of such Final Completion Certificate, either Purchaser shall review such certificate and documentation for purposes of determining if Final Completion has been achieved and consideration of the proposed Actual Commercial Operation Date. (ac) confirm in writing At the discretion of Purchaser, the Parties may schedule and arrange for an inspection of the System. Such inspection shall be scheduled for a date, mutually agreeable to Seller that it agrees that and Purchaser. Based on the Work has achieved Final Completion inspection, Purchaser may prepare and deliver to Seller a punch list of any observed defects or deficiencies (b) notify the “Punch List”). Seller in writing that it does not agree that shall, at its sole cost and expense, promptly correct and address the Work has achieved Final Completion items on the Punch List and shall provide in reasonable detail an explanation of Notice to Purchaser when such all such items on the basis for its disagreementPunch List have been corrected. If Buyer provides Seller with a notice pursuant to clause (b) immediately aboverequested by Purchaser, Seller shall address schedule and resolve any arrange a follow-up inspection for Purchaser after all Punch List items are resolved. All Punch List items shall be resolved prior to the Actual Commercial Operation Date, unless otherwise agreed in writing by Purchaser. (d) Following Purchaser satisfaction, in its discretion, of Final Completion of the System, Purchaser shall countersign and all deficiencies in deliver to Seller the Work and resubmit its Final Completion Certificate to Buyer. For indicate its agreement that Final Completion has been achieved and the Parties’ agreement of the Actual Commercial Operation Date for purposes of this Agreement. (e) Not later than twenty (20) Business Days following Final Completion, the Work Seller shall be deemed deliver to have achieved Final Completion on the earlier of Purchaser (i) two (2) electronic copies of the date Buyer confirms in writing to Seller that it agrees final draft of the Work has achieved Final Completion and final design specifications of the System (if amended), (ii) if within fifteen final “as-built” plans and line diagrams/drawings stamped and certified by a Qualified Engineer, (15iii) Business Days after receipt from Seller of all shop drawings and test reports, including performance test reports and commissioning documents for the Final Completion CertificateSystem, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause and (biv) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreementsuch other documentation or materials reasonably requested by Purchaser.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx Seller considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Sellerwriting. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificatecertification, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its certification of Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion Completion, including completion of previously identified Punchlist Items, on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt of a written certification from Seller of that the Work has achieved Final Completion CertificateCompletion, Xxxxx Buyer has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this AgreementCompletion.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work In order to achieve Final Completion, Northwind must have: (i) achieved Substantial Completion, (ii) corrected all conditions constituting Defects and Deficiencies identified in writing by Aladdin to Northwind, (iii) performed all other obligations of Northwind under this Agreement to be then performed, in a manner reasonably satisfactory to Aladdin, and (iv) delivered to Aladdin a certificate of final completion (the "Final Completion Certificate"), which shall be in the form agreed to by the Parties, initialed by the Parties and attached hereto as Exhibit F by not later than thirty (30) days after Notice to Proceed is received by Northwind. If and when Xxxxxx considers Aladdin believes, at the time of such certification by Northwind, that the Work Plant has achieved not reached Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB then within ten (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (1510) Business Days after of Aladdin's receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees Aladdin shall provide Northwind with written notice clearly setting forth the Work has achieved basis for Aladdin's belief. Any portions of the Plant to which timely objection is not made by Aladdin shall be considered to have reached Final Completion nor provided Seller a Completion. Failure by Aladdin to deliver any notice pursuant to clause within such ten (b) above, the fifteenth (15th10) Business Day after Seller issues Buyer a written certification period shall be deemed acknowledgment by Aladdin that the Work has achieved Final Completion Certificate has occurred. If Aladdin delivers a notice to Northwind as aforesaid, Northwind shall determine whether it agrees with Aladdin's notice. If Northwind agrees with Aladdin's notice, Northwind shall take the actions necessary to bring the Plant to Final Completion. In the event Northwind contests Aladdin's notification that Final Completion has not been achieved, Aladdin and Northwind shall promptly confer and exert their best efforts in accordance good faith to reach a reasonable and equitable resolution of the issue. If Aladdin and Northwind are unable to resolve the issue within five (5) Business Days, the matter shall be referred to the Independent Engineer. The Parties agree to accept the determination made by the Independent Engineer with the requirements of this Agreementrespect to whether Final Completion has been achieved and to act accordingly.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve “Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form ” of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved once (a) the Work passes a Final Completion on the earlier of inspection, (ib) the date Buyer confirms Construction Manager has submitted all documentation required in writing to Seller that it agrees the Work has achieved Owner’s project management software (Final Completion and Close- Out Process), in the format specified by the Owner (iic) if within fifteen (15) Business Days after receipt from Seller of and all stakeholders involved in the Final Completion Certificateand Close-out process have approved such documents. When Construction Manager believes it has fully performed all of the Work, Xxxxx has neither confirmed in writing including all punch list items, Construction Manager shall deliver to Owner a Final Payment Affidavit from Construction Manager certifying that it agrees the all Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate been completed in accordance with the requirements of this Agreementthe Contract Documents. Such affidavit shall be submitted to Owner by Construction Manager at the same time it submits its final payment application. After receipt of such Affidavit, the final payment application and all other documents required for Project close-out, Professional and Owner shall promptly inspect the Work to determine if all of the Work has been completed and is ready for final acceptance by Owner. Construction Manager shall provide Owner a list of any item(s) due but unable to be delivered and the reason for non-delivery, and any other documents reasonably and customarily required or expressly required herein for full and final close-out of the Work. Owner reserves the right to inspect the Work and make an independent determination as to the Work’s acceptability, even though Professional may have issued its recommendations. Unless and until Owner is completely satisfied that Final Completion has been achieved, neither the final payment nor the retainage shall become due and payable; provided, however, that if a good faith dispute exists as to whether one or more punch list items have been properly completed, but all other conditions precedent to final payment have been satisfied, Owner shall make final payment less an amount not to exceed 150 percent (150%) of the total costs to complete such items and less any other amounts that the Contact Documents or Applicable Laws entitle Owner to withhold.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause deliver written notice to Buyer promptly after Seller believes that Final Completion of a Construction Project has occurred, and such notification shall include all information required under the Work to achieve definition of “Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer ” set forth in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Sellerthis Agreement. Buyer shall, within fifteen shall have ten (1510) Business Days days after receipt such notice to deliver a written notice to Seller approving or disapproving of such Final Completion CertificateCompletion; if Buyer fails to respond during such ten (10) day period, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved approved such Final Completion. If Buyer approves, or is deemed to have approved, Final Completion on of a Construction Project, the earlier parties shall proceed towards the Closing of the purchase and sale of such Construction Project in accordance with the terms of this Agreement. If Buyer disapproves of Final Completion of a Construction Project, Buyer shall also provide an explanation of such disapproval; provided that Buyer shall have no right to disapprove any aspect of the Construction Project previously approved by Buyer under Section 3.3(h) above. Disputes between Buyer and Seller regarding whether a Construction Defect exists or has been sufficiently replaced, corrected, repaired or otherwise cured that are not resolved after a ten (i10) day period of negotiation between Seller and Buyer shall be resolved by arbitration pursuant to Section 12.20 below. If Buyer and Seller agree that a Construction Defect exists, or it is determined pursuant to the arbitration proceedings described in Section 12.20 that a Construction Defect exists, Seller shall promptly attempt to replace, correct, repair or otherwise cure such Construction Defect; provided that if Seller does not so replace, correct, repair or otherwise cure such Construction Defect within ninety (90) days after the latest date provided for in Section 2.4 for the closing of the applicable Construction Project, then the Closing for the sale and purchase of such Construction Project shall proceed in accordance with this Agreement, and Buyer confirms shall be entitled to a credit against the Allocated Purchase Price for such Construction Project, in an amount determined by arbitration pursuant to Section 12.20 below. Notwithstanding the foregoing, Seller and Buyer shall each have the right to terminate this Agreement, with respect to such Property only, if such credit to the Allocated Purchase Price for such Property is in excess of 5% of the Allocated Purchase Price for such Property, in which case the Escrow Agent shall return to Buyer the Allocated Xxxxxxx Money for such Property and this Agreement shall remain in full force and effect with respect to any other Properties for which the Closing has not then occurred. If Seller elects to terminate this Agreement with respect to a Construction Property in accordance with the previous sentence, Buyer may elect, in writing delivered to Seller that it agrees the Work has achieved Final Completion and within ten (ii) if within fifteen (1510) Business Days after receipt Seller's election to terminate this Agreement with respect to such Property, to terminate this Agreement in its entirety and receive a refund of all of the Xxxxxxx Money then remaining on deposit with the Escrow Agent, reimbursement of Buyer's Transaction Costs and payment from Seller of the Final Completion Certificateapplicable Break-up Fee, Xxxxx has if any, and neither confirmed in writing party shall have any further rights or obligations hereunder other than such rights and obligations that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements expressly survive termination of this Agreement. Under no circumstances shall Buyer be required or be deemed to waive any of its rights under any warranties that are assigned to Buyer hereunder with respect to a Project.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB AA (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues 53 NTD: As noted previously, the effect of the Inflation Reduction Act (which links a new-build Solar PV and/or XXXX generation facility owner’s receipt or eligibility for certain Tax or other benefits available under the Act to compliance with specified labor requirements and other predicates) on the terms and conditions in this model Agreement is under Buyer review. Without limiting Buyer’s rights or Seller’s obligations under Section 20.7, ETI expects to require Seller to comply with the Act and related Laws to the extent compliance is necessary or appropriate to generate the required Project Tax Benefits for the Project or other Project benefits.] Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreement.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing Subject to Seller that it agrees that 12.5, "Final Completion" of a Unit shall be deemed to have occurred upon the completion of the Final Completion Punch List and the other Work has required under the Agreement with the exception of obligations under the Warranties. (b) Contractor shall notify Owner when the provisions of Section 12.6(a) have been satisfied. Owner shall accept the Unit as having achieved Final Completion or (b) notify Seller by delivering to Contractor notice of that acceptance within [**] following receipt of Contractor's notice that Final Completion has occurred; alternatively, Owner may reject the Unit as having “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures achieved Final Completion by notifying Contractor in writing of why it disagrees that it does not agree Final Completion has occurred. If no notice is issued by Owner within the required time period, Owner shall be deemed to have accepted that Final Completion has occurred. The date of Final Completion shall be the Work date the Unit has achieved Final Completion and provide in reasonable detail an explanation not the date of Owner's acceptance. (c) In the event that Contractor is unable to achieve Final Completion within [**] following Substantial Completion of the basis for its disagreement. If Buyer provides Seller with a notice pursuant Second Unit (or if there is no Second Unit, the First Unit) due to clause (b) immediately abovethe fact that Owner limits Contractor's access to the Facility or otherwise does not allow Contractor to take the necessary actions to achieve Final Completion, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved occurred; provided that the foregoing shall not apply with respect to Final Completion on Punch List items that cannot be completed until the earlier of (i) the date Buyer confirms next Nuclear Fuel re-load as provided in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this AgreementSection 12.5.

Final Completion. Subject (A) Seller shall cause Final Completion to occur following the occurrence achievement of the FNTP Project Substantial Completion. By no later than the Scheduled Final Completion Date, Seller shall cause the Work deliver to achieve Owner a signed Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially Completion Certificate in the form of Exhibit BB (R to this Agreement certifying that the “Project has achieved Final Completion Certificate”) signed Completion. Upon receipt by Owner from Seller of a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either Owner shall within three (a3) confirm Business Days countersign the same and deliver it to Seller, except as provided in writing to Seller that it agrees that Section 7.6(B). (B) Within three (3) Business Days following the Work has achieved date on which a Final Completion or Certificate is received by Owner, and if reasonable cause exists for doing so, Owner may notify Seller of Owner's belief that Final Completion has not been achieved. Any notice issued pursuant to this subparagraph (b) notify shall state in detail Owner's justifiable reasons for believing that Final Completion has not occurred and advise Seller of the actions required to achieve Final Completion ("Owner's Non-finalization Notice"). (C) If Seller agrees with such advice in writing that it Owner's Non-finalization Notice, Seller shall diligently complete the same at its cost in accordance with the Requirements. Upon completing such actions, Seller shall issue a new Final Completion Certificate for reconsideration by Owner. (D) If Seller does not agree that with the Work has achieved Final Completion and provide advice in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately aboveOwner's Non-finalization Notice, Seller shall address notify Owner and resolve any and all deficiencies Independent Engineer of the same and, within five (5) Business Days following receipt thereof, Independent Engineer shall report in writing whether Final Completion has been achieved. If the Work and resubmit its Independent Engineer shall report that Final Completion has been achieved, such report shall constitute the Final Completion Certificate for all purposes, and the fees and expense of Independent Engineer in preparing such report shall be for the sole account of Owner. If the Independent Engineer shall report that Final Completion has not been achieved, such report shall identify those actions remaining to Buyerbe achieved, and the fees and expense of Independent Engineer in preparing such report shall be for the sole account of Seller; Seller shall thereupon diligently complete at its cost the actions in accordance with the Requirements. Upon completing such actions, Seller shall issue a new Final Completion Certificate for reconsideration by Owner. (E) The procedures described in subsections (B) through (D) above shall be repeated as necessary until Final Completion has been achieved. For the purposes purpose of this Agreement, the Work date of achievement of Final Completion shall be deemed the first to have achieved Final Completion on the earlier occur of (i) the date Buyer confirms in writing to on which Owner and Seller agree that it agrees the Work has achieved Final Completion and was achieved, (ii) if within fifteen (15) Business Days after receipt from Seller the date that the Certificate of the Final Completion Certificateis fully signed by Seller and Owner, Xxxxx has neither confirmed in writing (iii) the date that it agrees the Work has achieved Final Completion nor provided Seller delivers to Owner a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with if Owner does not timely issue an Owner's Non-finalization Notice, or (iv) the requirements of this Agreementdate that the Independent Engineer certifies that Final Completion was achieved.

Final Completion. Subject (i) Upon Final Completion of any Material Alteration, Tenant shall provide written notice thereof to Landlord, together with supporting documentation therefor. Landlord shall endeavor to advise Tenant whether or not, in Landlord's reasonable discretion, the occurrence conditions for Final Completion have been satisfied, or whether Xxxxxx has failed to submit adequate and sufficient evidence to permit Landlord to issue its determination within sixty (60) days from Xxxxxxxx's receipt of Tenant's notice. If in Landlord’s reasonable discretion the conditions for Final Completion have not been satisfied, Landlord shall also endeavor to advise Tenant of the FNTP Date, Seller reasons for Landlord's determination within such sixty (60) day period. Any dispute as to whether Final Completion of any Material Alteration has occurred shall cause the Work be resolved pursuant to achieve Final CompletionArticle 34. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same The failure by Landlord to Buyer advise Tenant in writing by delivering a certificate substantially in as to whether the form of Exhibit BB (the “conditions for Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shallhave been satisfied and, if not, to identify the conditions that have not been satisfied, within fifteen such sixty (1560) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work day period shall be deemed to have achieved constitute an acknowledgement by Landlord that Final Completion on of the earlier Material Alteration has occurred. (ii) Upon Final Completion of any Material Alteration, Tenant shall deliver the following to Landlord: (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion copies of lien waivers executed by contractors, consultants and material suppliers performing any part of any Construction Work; (ii) if within fifteen thirty (1530) Business Days days after receipt from Seller a permanent Certificate of Occupancy or Certificate of Completion is issued, or as soon as prepared by the Architect, whichever is earlier, a complete set of "as built" plans for the Improvements constructed pursuant to such Construction Work; and (iii) as soon as available, a copy of the Final permanent Certificate of Occupancy or Certificate of Completion Certificate, Xxxxx has neither confirmed in writing that it agrees for the Work has achieved Final Completion nor provided Seller a notice pursuant to clause entire Premises (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreementor relevant portion thereof).

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB Z (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and 49 NTD: This amount will be $550/MW of Guaranteed PV Plant Capacity per day. resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreement.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause deliver written notice to Buyer promptly after Seller believes that Final Completion of a Construction Project has occurred, and such notification shall include all information required under the Work to achieve definition of “Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer ” set forth in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Sellerthis Agreement. Buyer shall, within fifteen shall have ten (1510) Business Days days after receipt such notice to deliver a written notice to Seller approving or disapproving of such Final Completion CertificateCompletion; if Buyer fails to respond during such ten (10) day period, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved approved such Final Completion. If Buyer approves, or is deemed to have approved, Final Completion on of a Construction Project, the earlier parties shall proceed towards the Closing 22 of the purchase and sale of such Construction Project in accordance with the terms of this Agreement. If Buyer disapproves of Final Completion of a Construction Project, Buyer shall also provide an explanation of such disapproval; provided that Buyer shall have no right to disapprove any aspect of the Construction Project previously approved by Buyer under Section 3.3(h) above. Disputes between Buyer and Seller regarding whether a Construction Defect exists or has been sufficiently replaced, corrected, repaired or otherwise cured that are not resolved after a ten (i10) day period of negotiation between Seller and Buyer shall be resolved by arbitration pursuant to Section 12.20 below. If Buyer and Seller agree that a Construction Defect exists, or it is determined pursuant to the arbitration proceedings described in Section 12.20 that a Construction Defect exists, Seller shall promptly attempt to replace, correct, repair or otherwise cure such Construction Defect; provided that if Seller does not so replace, correct, repair or otherwise cure such Construction Defect within ninety (90) days after the latest date provided for in Section 2.4 for the closing of the applicable Construction Project, then the Closing for the sale and purchase of such Construction Project shall proceed in accordance with this Agreement, and Buyer confirms shall be entitled to a credit against the Allocated Purchase Price for such Construction Project, in an amount determined by arbitration pursuant to Section 12.20 below. Notwithstanding the foregoing, Seller and Buyer shall each have the right to terminate this Agreement, with respect to such Property only, if such credit to the Allocated Purchase Price for such Property is in excess of 5% of the Allocated Purchase Price for such Property, in which case the Escrow Agent shall return to Buyer the Allocated Xxxxxxx Money for such Property and this Agreement shall remain in full force and effect with respect to any other Properties for which the Closing has not then occurred. If Seller elects to terminate this Agreement with respect to a Construction Property in accordance with the previous sentence, Buyer may elect, in writing delivered to Seller that it agrees the Work has achieved Final Completion and within ten (ii) if within fifteen (1510) Business Days after receipt Seller's election to terminate this Agreement with respect to such Property, to terminate this Agreement in its entirety and receive a refund of all of the Xxxxxxx Money then remaining on deposit with the Escrow Agent, reimbursement of Buyer's Transaction Costs and payment from Seller of the Final Completion Certificateapplicable Break-up Fee, Xxxxx has if any, and neither confirmed in writing party shall have any further rights or obligations hereunder other than such rights and obligations that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements expressly survive termination of this Agreement. Under no circumstances shall Buyer be required or be deemed to waive any of its rights under any warranties that are assigned to Buyer hereunder with respect to a Project.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing Subject to Seller that it agrees that 12.5, “Final Completion” of a Unit shall be deemed to have occurred upon the completion of the Final Completion Punch List and the other Work has required under the Agreement with the exception of obligations under the Warranties. (b) Contractor shall notify Owner when the provisions of Section 12.6(a) have been satisfied. Owner shall accept the Unit as having achieved Final Completion or (b) notify Seller by delivering to Contractor notice of that acceptance within [**] following receipt of Contractor’s notice that Final Completion has occurred; alternatively, Owner may reject the Unit as having “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures achieved Final Completion by notifying Contractor in writing of why it disagrees that it does not agree Final Completion has occurred. If no notice is issued by Owner within the required time period, Owner shall be deemed to have accepted that Final Completion has occurred. The date of Final Completion shall be the Work date the Unit has achieved Final Completion and provide in reasonable detail an explanation not the date of Owner’s acceptance. (c) In the event that Contractor is unable to achieve Final Completion within [**] following Substantial Completion of the basis for its disagreement. If Buyer provides Seller with a notice pursuant Second Unit (or if there is no Second Unit, the First Unit) due to clause (b) immediately abovethe fact that Owner limits Contractor’s access to the Facility or otherwise does not allow Contractor to take the necessary actions to achieve Final Completion, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved occurred; provided that the foregoing shall not apply with respect to Final Completion on Punch List items that cannot be completed until the earlier of (i) the date Buyer confirms next Nuclear Fuel re-load as provided in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this AgreementSection 12.5.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve “Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form ” of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved once (a) the Work passes a Final Completion on the earlier of inspection, (ib) the date Buyer confirms Construction Manager has submitted all documentation required in writing to Seller that it agrees the Work has achieved Owner’s project management software (Final Completion and Close- Out Process), in the format specified by the Owner (iic) if within fifteen (15) Business Days after receipt from Seller of and all stakeholders involved in the Final Completion Certificateand close-out process have approved such documents. When Construction Manager believes it has fully performed all of the Work, Xxxxx has neither confirmed in writing including all punch list items, Construction Manager shall deliver to Owner a Final Payment Affidavit from Construction Manager certifying that it agrees the all Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate been completed in accordance with the requirements of this Agreementthe Contract Documents. Such affidavit shall be submitted to Owner by Construction Manager at the same time it submits its final Progress Payment Application. After receipt of such Affidavit, the final Progress Payment Application and all other documents required for Project close-out, Professional and Owner shall promptly inspect the Work to determine if all of the Work has been completed and is ready for final acceptance by Owner. Construction Manager shall provide Owner a list of any item(s) due but unable to be delivered and the reason for non-delivery, and any other documents reasonably and customarily required or expressly required herein for full and final close-out of the Work. Owner reserves the right to inspect the Work and make an independent determination as to the Work’s acceptability, even though Professional may have issued its recommendations. Unless and until Owner is completely satisfied that Final Completion has been achieved, neither the final payment nor the retainage shall become due and payable; provided, however, that if a good faith dispute exists as to whether one or more punch list items have been properly completed, but all other conditions precedent to final payment have been satisfied, Owner shall make final payment less an amount not to exceed 150 percent (150%) of the total costs to complete such items and less any other amounts that the Contact Documents or Applicable Laws entitle Owner to withhold.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Sellerwriting. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificatecertification, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its certification of Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion Completion, including completion of previously identified Punchlist Items, on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from unless Buyer provides Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller with a notice pursuant to clause (b) aboveabove within fifteen (15) Business Days of receipt of a written certification from Seller that the Work has achieved Final Completion, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this AgreementCompletion.

Final Completion. Subject Substantial Completion shall not prejudice Lessee’s rights to the occurrence require full completion of the FNTP Dateany remaining items of Tenant Improvements, Seller which Lessor shall cause the Work to achieve Final be completed as soon after Substantial Completion as is reasonably practicable, but in no event later than thirty (30) days after Substantial Completion has occurred, subject to force majeure; provided, however, if any such punchlist item is not reasonably capable of being completed within thirty (30) days after Substantial Completion, Lessor shall not be in default of its obligation to complete such punchlist items within thirty (30) days after Substantial Completion as long as Lessor has commenced to correct such items within such thirty (30) day period and diligently, and in good faith, pursues completion of such items in a timely manner. If and when Xxxxxx considers Lessor notifies Lessee in writing that the Work has achieved Final CompletionTenant Improvements are fully completed, Seller shall certify the same and Lessee fails to Buyer object thereto in writing by delivering a certificate substantially within ten (10) business days thereafter specifying in detail the form items of Exhibit BB work needed to be completed and the nature of work needed to complete such items, Lessee shall be deemed conclusively to have accepted Tenant Improvements as fully completed (the “Final Completion Certificate”) signed by a duly authorized representative of Selleror such portions thereof as to which Lessee has not so objected). Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller If Lessee timely notifies Lessor in writing that it does objects to specific items of the Tenant Improvements not agree being fully complete, Lessor shall withhold a reasonable amount necessary to cause the applicable contractor to fully complete such incomplete items, and Lessor shall timely cause such incomplete items to be fully completed, but Lessor shall otherwise have the right to pay all contractors all remaining amounts due under the construction contracts for the completion of the Tenant Improvements upon the expiration of the 10-business day period described above. Lessor shall withhold the final payment for the incomplete items until such time as Lessee has reasonably agreed to Lessor’s determination that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately aboveTenant Improvements have been finally completed, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work provided that Lessee shall be deemed to have achieved Final Completion on agreed with Lessor’s determination if Lessee does not object thereto with such 10 business day period. Lessor shall assign all warranties for the earlier of (i) the date Buyer confirms in writing Tenant Improvements to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this AgreementLessee upon final completion thereof.

Final Completion. Subject to (a) On or before the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers Day that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB is five (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (155) Business Days after the Date on which Seller believes that Final Completion has been achieved, Seller shall submit to Purchaser a Final Completion Certificate, along with all documentation necessary for Purchaser to determine if Final Completion has been achieved and indicating Seller’s proposed Actual Commercial Operation Date. (b) Following receipt of such Final Completion Certificate, either Purchaser shall review such certificate and documentation for purposes of determining if Final Completion has been achieved and consideration of the proposed Actual Commercial Operation Date. (ac) confirm in writing At the discretion of Purchaser, the Parties may schedule and arrange for an inspection of the System. Such inspection shall be scheduled for a date, mutually agreeable to Seller that it agrees that and Purchaser. Based on the Work has achieved Final Completion inspection, Purchaser may prepare and deliver to Seller a punch list of any observed defects or deficiencies (b) notify the “Punch List”). Seller in writing that it does not agree that shall, at its sole cost and expense, promptly correct and address the Work has achieved Final Completion items on the Punch List and shall provide in reasonable detail an explanation of Notice to Purchaser when such all such items on the basis for its disagreementPunch List have been corrected. If Buyer provides Seller with a notice pursuant to clause (b) immediately aboverequested by Purchaser, Seller shall address schedule and resolve any arrange a follow-up inspection for Purchaser after all Punch List items are resolved. All Punch List items shall be resolved prior to the Actual Commercial Operation Date, unless otherwise agreed in writing by Purchaser. (d) Following Purchaser satisfaction, in its discretion, of Final Completion of the System, Purchaser shall countersign and all deficiencies in deliver to Seller the Work and resubmit its Final Completion Certificate to Buyer. For indicate its agreement that Final Completion has been achieved and the Parties’ agreement of the Actual Commercial Operation Date for purposes of this Agreement. (e) Not later than twenty (20) Business Days following Final Completion, the Work Seller shall be deemed deliver to have achieved Final Completion on the earlier of Purchaser (i) two (2) electronic copies of the date Buyer confirms in writing to Seller that it agrees final draft of the Work has achieved Final Completion and final design specifications of the System (if amended), (ii) if within fifteen final “as-built” plans and line diagrams/drawings stamped and certified by a DocuSign Envelope ID: E7F8C3BA-0A7D-40B7-90AD-68B83985A9C1 Qualified Engineer, (15iii) Business Days after receipt from Seller of all shop drawings and test reports, including performance test reports and commissioning documents for the Final Completion CertificateSystem, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause and (biv) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreementsuch other documentation or materials reasonably requested by Purchaser.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx Seller considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall promptly address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx Buyer has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreement.

Final Completion. Subject to the occurrence of the FNTP Date, Seller shall cause the Work to achieve Final Completion. If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB AA (the “Final Completion Certificate”) signed by a duly authorized representative of Seller. Buyer shall, within fifteen (15) Business Days after receipt of such Final Completion Certificate, either (a) confirm in writing to Seller that it agrees that the Work has achieved Final Completion or (b) notify Seller in writing that it does not agree that the Work has achieved Final Completion and provide in reasonable detail an explanation of the basis for its disagreement. If Buyer provides Seller with a notice pursuant to clause (b) immediately above, Seller shall address and resolve any and all deficiencies in the Work and resubmit its Final Completion Certificate to Buyer. For the purposes of this Agreement, the Work shall be deemed to have achieved Final Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Final Completion and (ii) if within fifteen (15) Business Days after receipt from Seller of the Final Completion Certificate, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Final Completion nor provided Seller a notice pursuant to clause (b) above, the fifteenth (15th) Business Day after Seller issues issues‌ 55 NTD: As noted previously, the effect of the Inflation Reduction Act (which links a new-build Solar PV and/or XXXX generation facility owner’s receipt or eligibility for certain Tax or other benefits available under the Act to compliance with specified labor requirements and other predicates) on the terms and conditions in this model Agreement is under Buyer review. Without limiting Buyer’s rights or Seller’s obligations under Section 20.7, ETI expects to require Seller to comply with the Act and related Laws to the extent compliance is necessary or appropriate to generate the required Project Tax Benefits for the Project or other Project benefits.] Buyer a written certification that the Work has achieved Final Completion Certificate in accordance with the requirements of this Agreement.