Common use of Initial Acceptance Clause in Contracts

Initial Acceptance. No later than ten (10) days after Public Improvements and/or Common Facilities are substantially complete, Owner shall request of the Town Administrative Official an inspection by Firestone. If Owner does not request this inspection within ten (10) days of completion of the Public Improvements and/or Common Facilities, Firestone may conduct the inspection without the approval of Owner. Owner shall provide Firestone with complete “as-built” drawings in a form as defined in Firestone’s current Standards and Specifications. If Owner has not completed appropriate Public Improvements and/or Common Facilities as provided for in this Agreement, Firestone may exercise its right to secure performance as provided in Section X.A of this Agreement. If Public Improvements and/or Common Facilities completed by Owner are satisfactory, the Town Administrative Official shall grant “Initial Acceptance,” which shall be subject to “Final Acceptance” as set forth herein. If Public Improvements and/or Common Facilities are not satisfactory, the Town Administrative Official shall provide written notice to Owner of the repairs, replacements, construction or other work required to receive Initial Acceptance. Owner shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Owner completes the repairs, replacements, construction or other work required, Owner shall request of the Town Administrative Official a re-inspection of such work to determine if Initial Acceptance can be granted, and Firestone shall provide written notice to Owner of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Owner's expense. If Owner does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, Firestone may exercise its rights to secure performance as provided in Section X.A. of this Agreement. Firestone reserves the right to schedule re-inspections. No “Certificate of Occupancy” will be issued by Firestone prior to Initial Acceptance without written approval from the Town Administrative Official. Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the final inspection procedures and provide Firestone with written acceptance of the Common Facilities for maintenance from this final Obligated Entity.

Initial Acceptance. No later than ten (10) days after Public Improvements and/or Common Facilities are substantially complete, Owner shall request of the Town Administrative Official an inspection by Firestone. If Owner does not request this inspection within ten (10) days of completion of the Public Improvements and/or Common Facilities, Firestone may conduct the inspection without the approval of Owner. Owner shall provide Firestone with complete “as-built” drawings in a form as defined in Firestone’s current Standards and Specifications. If Owner has not completed appropriate Public Improvements and/or Common Facilities as provided for in this Agreement, Firestone may exercise its right to secure performance as provided in Section X.A X.C of this Agreement. If Public Improvements and/or Common Facilities completed by Owner are satisfactory, the Town Administrative Official shall grant “Initial Acceptance,” which shall be subject to “Final Acceptance” as set forth herein. If Public Improvements and/or Common Facilities are not satisfactory, the Town Administrative Official shall provide written notice to Owner of the repairs, replacements, construction or other work required to receive Initial Acceptance. Owner shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Owner completes the repairs, replacements, construction or other work required, Owner shall request of the Town Administrative Official a re-inspection of such work to determine if Initial Acceptance can be granted, and Firestone shall provide written notice to Owner of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Owner's expense. If Owner does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, Firestone may exercise its rights to secure performance as provided in Section X.A. X.C. of this Agreement. Firestone reserves the right to schedule re-inspections. No “Certificate of Occupancy” will be issued by Firestone prior to Initial Acceptance without written approval from the Town Administrative Official. Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the final inspection procedures and provide Firestone with written acceptance of the Common Facilities for maintenance from this final Obligated Entity.

Initial Acceptance. No later than ten (10) days after Public Improvements and/or Common Facilities are substantially complete, Owner Developer shall request make written application to the Town Administrator for initial acceptance of the Town Administrative Official an inspection by Firestone. If Owner does not request this inspection within ten Subdivision Improvements (10) days of completion of the Public Improvements and/or Common Facilities, Firestone may conduct the inspection without the approval of Owner. Owner shall provide Firestone with complete “as-built” drawings in a form as defined in Firestone’s current Standards and Specifications. If Owner has not completed appropriate Public Improvements and/or Common Facilities as provided for in this Agreement, Firestone may exercise its right to secure performance as provided in Section X.A of this Agreement. If Public Improvements and/or Common Facilities completed by Owner are satisfactory, the Town Administrative Official shall grant “Initial Acceptance,” which shall be subject to “Final Acceptance” as set forth herein. If Public Improvements and/or Common Facilities are not satisfactory, the Town Administrative Official shall provide written notice to Owner of the repairs, replacements, construction or other work required to receive Initial Acceptance. Owner shall complete all needed repairs, replacements, construction or other work ”) within thirty (30) days of said noticethe completion date of the Subdivision Improvements, weather permittingwith the exception of the improvements for which the Town has authorized an extension of time to complete. After Owner completes The written application shall include one set of reproducible “as built” drawings and an affidavit executed by Developer affirming that the repairsSubdivision Improvements have been paid in full, replacementscertifying the final construction costs and including documentary evidence of the construction costs. If the Town Administrator requests, Developer shall provide lien waivers, or other acceptable assurance, from all subcontractors, suppliers and materialmen who have furnished labor, material or services for the design, construction or other work required, Owner shall request installation of the Subdivision Improvements. The affidavit and lien waivers may be reviewed by the Town, but the Town Administrative Official assumes no responsibility or liability to or for anyone regarding the veracity of the information so provided. After the receipt of the written application, the Town Engineer shall use reasonable efforts to promptly inspect the Subdivision Improvements. If the Subdivision Improvements are satisfactory, Developer shall be entitled to Initial Acceptance upon receipt of the Maintenance Guarantee. If the Subdivision Improvements are not satisfactory, the Town Engineer shall prepare a detailed written description of all Subdivision Improvements which are not in compliance with the Approved Plans, subject to any changes that have been approved by the Town and any changes that have been required by the Town as a result of any unforeseen engineering design issues. Such report shall be delivered to Developer. After curing the defects, Developer shall make a renewed written application to the Town for re-inspection of such work the Public Improvements, which written application shall contain the items set forth above. The Town Engineer shall thereafter use reasonable efforts to determine if Initial Acceptance can be granted, and Firestone shall provide written notice to Owner of promptly re-inspect the acceptability or unacceptability of such work prior to proceeding to complete any such work at Owner's expenseSubdivision Improvements. If Owner does not complete the repairsSubdivision Improvements are satisfactory, replacements, or other work required within thirty (30) days of said notice, Firestone may exercise its rights to secure performance as provided in Section X.A. of this Agreement. Firestone reserves the right to schedule re-inspections. No “Certificate of Occupancy” will Developer shall be issued by Firestone prior entitled to Initial Acceptance without written approval from the Town Administrative Official. Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the final inspection procedures and provide Firestone with written acceptance upon receipt of the Common Facilities for maintenance from this final Obligated EntityMaintenance Guarantee.

Initial Acceptance. 2.9.1 No later than ten (10) days after the Developer-Provided Public Improvements and/or Common Facilities are substantially complete, Owner Developer shall request submit to the City “as built” drawings of Developer-Provided Public Improvements in a form as defined in the City’s current Standards and Specifications, proposed documents of conveyance to the City of the Town Administrative Official Developer-Provided Public Improvements, and a statement certifying that the Developer-Provided Public Improvements are fully complete, have been fully paid for, and Developer has fully paid all persons or entities having furnished labor or materials for the design and construction of the Developer-Provided Public Improvements. Developer shall also request for an inspection to be performed by Firestonethe City. If Owner Developer does not request this inspection within ten (10) days of completion of the Developer-Provided Public Improvements and/or Common FacilitiesImprovements, Firestone the City may conduct the inspection without the approval of OwnerDeveloper. Owner Upon inspection (which inspection shall provide Firestone with complete “asoccur within 21 days of the Developer’s submission) and finding of satisfactory completion of the Developer-built” drawings in a form as defined in Firestone’s current Standards and Specifications. If Owner has not completed appropriate Provided Public Improvements and/or Common Facilities as provided for in this Agreementcompliance with the Construction Standards, Firestone may exercise its right to secure performance as provided in Section X.A the City shall promptly issue a written “Certificate of this Agreement. Initial Acceptance.” 2.9.2 If the Developer-Provided Public Improvements and/or Common Facilities completed by Owner are satisfactory, the Town Administrative Official shall grant “Initial Acceptance,” which shall be subject to “Final Acceptance” as set forth herein. If Public Improvements and/or Common Facilities are not satisfactory, the Town Administrative Official City shall provide written notice to Owner Developer of the repairs, replacements, construction or other work required to receive Initial Acceptance. Owner Developer shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Owner Developer completes the repairs, replacements, construction or other work required, Owner developer shall request of the Town Administrative Official a re-inspection of such work to determine if Initial Acceptance can be granted, and Firestone the City shall provide written notice to Owner Developer of the acceptability or unacceptability of such work prior to proceeding to complete any such work at OwnerDeveloper's expense. If Owner Developer does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, Firestone may exercise its rights to City may: (a) draw upon the Performance Guaranty and, at the City’s discretion, secure performance as provided in Section X.A. completion, repair or replacement of this Agreement. Firestone reserves the right to schedule reany incomplete or non-inspections. No “Certificate of Occupancy” will be issued by Firestone prior to Initial Acceptance without written approval from the Town Administrative Official. Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the final inspection procedures and provide Firestone with written acceptance conforming Developer-Provided Public Improvements; (b) pursue repair or replacement of the Common Facilities for maintenance from this final Obligated EntityDeveloper-Provided Public Improvements, at the Developer’s expense, either by bid or negotiated price; and/or; (c) order denial or suspension of building permits or certificates of occupancy until completion or repair or replacement of any incomplete or defective Developer-Provided Public Improvements; and/or (d) pursue any other legal remedies available to it at law or which may be appropriate under applicable City regulations.