Final Payment and Acceptance Sample Clauses

Final Payment and Acceptance. When all work provided for under this contract has been completed in conformance with the specifications and requirements of this contract, and accepted without regard to the provisions of guarantee as provided under the terms of this contract, a final cost estimate shall be prepared by the Contractor and approved by the City Director of Public Works and filed with the City and with the contractor within fifteen (15) days after the date of acceptance of the work as a statement of the amount due the contractor. This estimate shall include any charges for extra work ordered and properly chargeable under this contract and deducting any sum properly deductible under this contract.

Final Payment and Acceptance. If OWNER is satisfied that the Work has been completed and DESIGN/BUILDER's other obligations under the Contract Documents have been fulfilled, OWNER will, within ten days after receipt of the final Application for Payment, give written notice to DESIGN/BUILDER that the Work is acceptable. Otherwise, OWNER will return the Application to DESIGN/BUILDER, indicating in writing the reasons for refusing to process final payment, in which case DESIGN/BUILDER shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the acceptable Application and accompanying documentation, in appropriate form and substance and with OWNER's notice of acceptability, the amount will become due and will be paid by OWNER to DESIGN/BUILDER.

Final Payment and Acceptance. 22.1. If, on the basis of Project Manager's observation of the Work during construction and final inspection, and Project Manager's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Project Manager is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Project Manager will, within FOURTEEN days after receipt of the final Application for Payment, indicate in writing Project Manager's recommendation of payment and present the Application to the City Council for payment. At the same time Project Manager will also give written notice to Contractor that the Work is acceptable. Otherwise, Project Manager will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Upon receipt of the Project Manager's recommendation for payment and the final Application for Payment, the City shall order the publication of Notice of Final Payment as required by C.R.S. '38-26-107(1) and shall make final payment in accordance with C.R.S. '38-26-107(3).

Final Payment and Acceptance. After receipt of the Final Payment Application , the provisions of the aforesaid Section 15.3.2 (MWC Review of Payment Application) shall apply upon MWC's review of the application mutatis mutandis.

Final Payment and Acceptance. 15.9.1 If, on the basis of the Professional’s observation of the Work during construction and final inspection, and the Professional’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the Professional is satisfied that the Work has been completed and the Contractor’s other obligations under the Contract Documents have been fulfilled, the Professional will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing the Professional’s recommendation of payment and present the Application to the City for payment. At the same time the Professional will also give written notice to the City and the Contractor that the Work is acceptable subject to the provisions of 15.10. Otherwise, the Professional will return the application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After the presentation to the City of the application and accompanying documentation, in appropriate form and substance and with the Professional’s recommendation and notice of acceptability, the amount recommended by the Professional will become due and will be paid by the City to the Contractor. 15.9.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Professional so confirms, the City shall, upon receipt of the Contractor’s final Application for Payment and recommendation of the Professional, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 6, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Professional with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 15.9.3 The remainder of the Contract Price will be approved for payment upon final completion of the work, acceptance of the work by the City, and settlement of all claims.

Final Payment and Acceptance. If Owner is satisfied that the Work has been completed and Design/Builder’s other obligations under the Contract Documents have been fulfilled, Owner will, within ten days after receipt of the final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design/Builder, indicating in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and resubmit the Application.

Final Payment and Acceptance. A. If OWNER is satisfied that the Work has been completed and DESIGN/BUILDER's other obligations under the Contract Documents have been fulfilled, OWNER will, within ten (10) days after receipt of the final Application for Payment, give written notice to DESIGN/BUILDER that the Work is acceptable. Otherwise, OWNER will return the Application to DESIGN/BUILDER, indicating in writing the reasons for refusing to process final payment, in which case DESIGN/BUILDER shall make the necessary corrections and resubmit the Application. Thirty (30) days after the presentation to OWNER of the acceptable Application and accompanying documentation, in appropriate form and substance and with OWNER's notice of acceptability, the remaining Contract Price less $* will become due and will be paid by OWNER to DESIGN/BUILDER. The $* will become due upon receipt by OWNER of a satisfactory verbal or written emissions compliance report from a third party mutually selected by OWNER and DESIGN/BUILDER confirming regulatory compliance of the air emissions performance tests prescribed by the applicable Department of Environmental Quality or similar agency for the State of Kansas. * OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. -62-

Final Payment and Acceptance. A. If OWNER is satisfied that the Work has been completed and DESIGN/BUILDER’s other obligations under the Contract Documents have been fulfilled (other than receipt of the written emissions compliance report documenting compliance with the atmospheric emission criteria set forth in Exhibit A), OWNER will, within ten (10) days after receipt of such final Application for Payment, give written notice to DESIGN/BUILDER that such Work is acceptable. Otherwise, OWNER will return the Application to DESIGN/BUILDER, indicating in writing the reasons for refusing to process final payment, in which case DESIGN/BUILDER shall make the necessary corrections and resubmit the Application. Thirty (30) days after the presentation to OWNER of the acceptable Application and accompanying documentation, in appropriate form and substance and with OWNER’s notice of acceptability, $250,000 of the remaining amount of the Contract Price will become due and will be paid by OWNER to DESIGN/BUILDER. If the written emissions compliance report documenting compliance with the atmospheric emission critieria set forth in Exhibit A is received by OWNER on or before OWNER’s receipt of such final Application for Payment, the remaining $250,000 of the Contract Price will become due and will be paid by OWNER to DESIGN/BUILDER on the same date as set forth in the immediately preceding sentence. If the written emissions compliance report documenting compliance with the atmospheric emission critieria set forth in Exhibit A is received by OWNER after OWNER’s receipt of such final Application for Payment, the remaining $250,000 of the Contract Price will become due and will be paid by OWNER to DESIGN/BUILDER thirty (30) days after OWNER’s receipt of such report. “As built” drawings and OWNER’s manuals shall be delivered to OWNER within six (6) months after receipt by DESIGN/BUILDER of such notice that the Work is acceptable. B. If, through no fault of DESIGN/BUILDER, final completion of the Work is significantly delayed, OWNER shall, upon receipt of DESIGN/BUILDER’s final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be su...

Final Payment and Acceptance. If the Architect determines that the work has been completed and the Contractor’s other obligations under the Contract have been fulfilled, the Architect shall, within ten working days after receipt of the final application for payment, indicate in writing the Architect’s recommendation of payment and present the application to District for payment. Thereupon the Architect shall prepare a Certificate of Final Completion. Otherwise, Architect shall return the application to Contractor indicating in writing the reasons for refusing to recommend final payment. Contractor shall make the corrections identified in the Architect’s refusal to recommend final payment. Thirty days after presentation to District of the application and accompanying documentation, with the Architect’s recommendation and notice of acceptability of the work, the amount recommended by Architect shall be come due and payable by District to Contractor.

Final Payment and Acceptance. OWNER's representative will, after receipt of the final Application for Payment, either indicate a recommendation of payment and present the application to OWNER or return the Application to OPERATOR, indicating in writing the reasons for refusing to recommend final payment, in which case OPERATOR shall make the necessary corrections and resubmit the application. If the application and accompanying documentation are appropriate as to form and substance, OWNER shall, within ten (10) days after receipt thereof, pay OPERATOR the amount requested.