Independent Engineer’s Certification Clause Samples
The Independent Engineer’s Certification clause requires that an impartial, qualified engineer reviews and certifies certain aspects of a project, such as completion milestones, technical compliance, or performance standards. Typically, this engineer is not affiliated with either party and provides objective assessments, for example, confirming that construction work meets contractual specifications before payments are released. This clause ensures that technical evaluations are unbiased, thereby reducing disputes and providing assurance to all parties that project requirements are being met as agreed.
Independent Engineer’s Certification. The Administrative Agent shall have received an Independent Engineer’s Certificate in respect of such Funding Notice duly executed by the Independent Engineer and in the form attached as Exhibit J-2.
Independent Engineer’s Certification. The Administrative Agent shall have received an Independent Engineer's Certificate in respect of such Funding Notice, reasonably satisfactorily completed and duly executed by the Independent Engineer, and confirming that (i) the Commercial Operation Date for such Plant is capable of being completed on or before the Conversion Date Certain and (ii) sufficient funds remain available to the Borrowers, including under this Agreement and under the Sponsor Support Agreement, to complete such Plant in accordance with the applicable Construction Schedule and the Transaction Documents, and any exceptions set forth on the Exhibits thereto shall be reasonably satisfactory to the Required Lenders.
Independent Engineer’s Certification. The Company shall deliver a Certificate in the form of Exhibit H hereto executed by the Independent Engineer (the "INDEPENDENT ENGINEER'S CERTIFICATE") certifying that (i) each Plant installation has been mechanically completed and electrically checked, and piping and equipment have been flushed and pressure tested and (ii) each Plant (A) has demonstrated production capability during a continuous 72 hour period of at least 90% of nameplate capacity of stearic acid, stearates, stabilizers and lubricants, as applicable to each such Plant, meeting product design specifications for such products during such test period and (B) with respect to the environmental improvements, has demonstrated at least 90% of the design recovery, in each case at levels of efficiency acceptable to the Agent, the Trustee and the Majority Purchasers. In making such certification, the Independent Engineer, in his sole discretion, either may rely on production records provided by the Company or require a performance test.
Independent Engineer’s Certification. The Company shall deliver a Certificate in the form of Exhibit C hereto executed by the Independent Engineer (the "Independent Engineer's Certificate") certifying that (i) the installation of the HCL Improvements has been mechanically completed and electrically checked, and piping and equipment have been pressure tested, mechanically checked, and placed in service or standby; and (ii) the HCL Facility is capable of converting during a continuous 72 hour period, 720 short tons per day of hydrogen chloride to Crude Ethylene Dichloride. In making such certification, the Independent Engineer, in his sole discretion, either may rely on production records provided by the Company or require a performance test.
Independent Engineer’s Certification. The Administrative Agent shall have received an Independent Engineer’s Certificate in respect of such Borrowing Notice duly executed by the Independent Engineer and any exceptions set forth on the Exhibits thereto shall be reasonably satisfactory to the Required Lenders.