Common use of Mechanical Completion Clause in Contracts

Mechanical Completion. With respect to each SGF, when Contractor considers the Work with respect to the SGF to be Mechanically Complete in accordance with the Contract Documents, and when Contractor has received the construction permit certificate of acceptance from the construction permitting authority, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Mechanical Completion for such SGF. Owner and Authority Construction Monitor shall review the Application for Mechanical Completion and the Work within five (5) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five (5) Business Day period, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at Contractor’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets the requirements for Mechanical Completion. Within twenty (20) days after receipt of Notice from Owner that the Work is not Mechanically Complete, or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after which Contractor shall submit a revised Application for Mechanical Completion. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for Mechanical Completion within such five (5) Business Day period, and such delay causes a change in the Critical Path of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner on the date that the applicable Application for Mechanical Completion was issued by Contractor.

Mechanical Completion. With respect Subject to each SGFthe occurrence of the FNTP Date, when Contractor considers Seller shall cause the Work with respect to achieve Mechanical Completion. At least twenty-one (21) days, but 38 NTD: Other FNTP conditions will or may be required as a result of EPC, real property, environmental, physical, or operational aspects of the Project or the Project Site, the O&M Agreement, necessary property tax abatements or similar reductions, special considerations or other provisions included in Seller’s proposal, diligence conducted by or for Buyer, the status of applicable Laws and markets, Buyer’s ARR and FTR requirements for the Project, regulatory conditions, and other factors Buyer deems relevant. no more than thirty-five (35) days, prior to the SGF date on which Seller anticipates the Work will achieve Mechanical Completion (the “Anticipated Mechanical Completion Date”), Seller shall provide to be Mechanically Complete in accordance with Buyer written notice of the Contract Documents, Anticipated Mechanical Completion Date. If and when Contractor Seller considers that the Work has received achieved Mechanical Completion, Seller shall certify the construction permit certificate same to Buyer in writing. Buyer shall, within ten (10) Business Days after receipt of acceptance from such certification, either (a) confirm in writing to Seller that it agrees that the construction permitting authority, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Work has achieved Mechanical Completion for such SGF. Owner and Authority Construction Monitor shall review or (b) notify Seller in writing that it does not agree that the Application for Work has achieved Mechanical 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 within five (5) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining or that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five (5) Business Day period, then Contractor shall be entitled to served as a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at ContractorBuyer’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets the requirements for Mechanical Completion. Within twenty (20) days after receipt dispute of Notice from Owner Seller’s determination that the Work is not Mechanically Complete, or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after which Contractor shall submit a revised Application for Mechanical Completion. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for has achieved Mechanical Completion within such five (5) Business Day periodand resubmit its certification of Mechanical Completion to Buyer. For the purposes of this Agreement, and such delay causes a change in the Critical Path of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner achieved Mechanical Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Mechanical Completion and (ii) if within ten (10) Business Days after receipt of a written certification from Seller that the applicable Application for Work has achieved Mechanical Completion, Buyer has neither confirmed in writing that it agrees the Work has achieved Mechanical Completion was issued by Contractornor provided Seller a notice pursuant to clause (b) above, the tenth (10th) Business Day after Seller issues Buyer a written certification that the Work has achieved Mechanical Completion.

Mechanical Completion. With respect Subject to each SGFthe occurrence of the FNTP Date, when Contractor considers Seller shall cause the Work with respect to achieve Mechanical Completion. At least twenty-one (21) days, but 38 NTD: Other FNTP conditions will or may be required as a result of EPC, real property, environmental, physical, or operational aspects of the Project or the Project Site, the O&M Agreement, necessary property tax abatements or similar reductions, special considerations or other provisions included in Seller’s proposal, diligence conducted by or for Buyer, the status of applicable Laws and markets, Buyer’s ARR and FTR requirements for the Project, regulatory conditions, and other factors Buyer deems relevant. no more than thirty-five (35) days, prior to the SGF date on which Seller anticipates the Work will achieve Mechanical Completion (the “Anticipated Mechanical Completion Date”), Seller shall provide to be Mechanically Complete in accordance with Buyer written notice of the Contract Documents, Anticipated Mechanical Completion Date. If and when Contractor Xxxxxx considers that the Work has received achieved Mechanical Completion, Seller shall certify the construction permit certificate same to Buyer in writing. Buyer shall, within ten (10) Business Days after receipt of acceptance from such certification, either (a) confirm in writing to Seller that it agrees that the construction permitting authority, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Work has achieved Mechanical Completion for such SGF. Owner and Authority Construction Monitor shall review or (b) notify Seller in writing that it does not agree that the Application for Work has achieved Mechanical 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 within five (5) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining or that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five (5) Business Day period, then Contractor shall be entitled to served as a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at ContractorXxxxx’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets the requirements for Mechanical Completion. Within twenty (20) days after receipt dispute of Notice from Owner Seller’s determination that the Work is not Mechanically Complete, or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after which Contractor shall submit a revised Application for Mechanical Completion. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for has achieved Mechanical Completion within such five (5) Business Day periodand resubmit its certification of Mechanical Completion to Buyer. For the purposes of this Agreement, and such delay causes a change in the Critical Path of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner achieved Mechanical Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Mechanical Completion and (ii) if within ten (10) Business Days after receipt of a written certification from Seller that the applicable Application for Work has achieved Mechanical Completion, Xxxxx has neither confirmed in writing that it agrees the Work has achieved Mechanical Completion was issued by Contractornor provided Seller a notice pursuant to clause (b) above, the tenth (10th) Business Day after Seller issues Buyer a written certification that the Work has achieved Mechanical Completion.

Mechanical Completion. With respect to each SGF, when Contractor considers the Work with respect to the SGF to be Mechanically Complete in accordance with the Contract Documents, and when Contractor has received the construction permit certificate of acceptance from the construction permitting authority, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Mechanical Completion for such SGF. Owner and Authority Construction Monitor shall review the Application for Mechanical Completion and the Work within five ten (510) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five ten (510) Business Day period, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at Contractor’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets the requirements for Mechanical Completion. Within twenty (20) days after receipt of Notice from Owner that the Work is not Mechanically Complete, or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after which Contractor shall submit a revised Application for Mechanical Completion. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for Mechanical Completion within such five (5) Business Day period, and such delay causes a change in the Critical Path of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner on the date that the applicable Application for Mechanical Completion was issued by Contractor.

Mechanical Completion. With respect to each SGFIf timely achievement of Mechanical Completion by the Guaranteed Mechanical Completion Date is in jeopardy in the reasonable judgment of Contractor or Owners or if it is not timely achieved, when Contractor considers shall promptly prepare and implement, in good faith, a detailed recovery plan and accelerate the Work with respect to such that the SGF to be Mechanically Complete performance of the Work can progress in accordance with the Contract Documents, and when Project Schedule. If the inability to meet the Project Schedule is caused without material contribution by Contractor has received the construction permit certificate of acceptance from the construction permitting authorityor its Subcontractors, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Mechanical Completion for such SGF. Owner and Authority Construction Monitor shall review the Application for Mechanical Completion and the Work within five (5) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five (5) Business Day period, then Contractor shall will be entitled to a Change Order pursuant increasing the Target Price by an amount equal to ARTICLE 8 extending its costs related to preparing and implementing the Guaranteed Substantial Completion Date on a day for day basis for each day recovery plan and accelerating the Work in accordance with Article 10. Within seven (7) Days after such period receipt by Owners of written notice from Contractor certifying that Owner Contractor has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at Contractor’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets satisfied the requirements for Mechanical Completion. Within twenty Completion (20) days after receipt other than issuance of Notice from Owner that the Certificate therefor by Owners), Owners shall determine whether the applicable requirements have been achieved and shall either issue the Certificate of Mechanical Completion or give notice to Contractor in writing of Defects in the Work is not Mechanically Complete(other than Punch List Items), or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after of which Contractor shall submit a revised Application for Mechanical CompletionOwners then have knowledge. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days Owners are obligated to issue the Certificate of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for Mechanical Completion within such five seven (57) Day period if Contractor has satisfied the requirements of Mechanical Completion (other than issuance of the Certificate therefor by Owners). Upon receipt of a written notice of the reasons why Contractor has not achieved Mechanical Completion from Owners, Contractor shall promptly perform corrective measures to eliminate any Defects or deficiencies in the Work and shall thereafter provide another written notice to Owners containing the applicable certification set forth above. Owners shall, within two (2) Business Day periodDays after receipt of such written notice, and such delay causes a change after each subsequent written notice as may be required, determine whether the applicable requirements have been achieved and either issue the Certificate of Mechanical Completion or advise Contractor of any Defects or deficiencies (other than Punch List Items) remaining in the Critical Path Work that prevent achievement of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner on the date that the applicable Application for Mechanical Completion was issued by ContractorCompletion.

Mechanical Completion. With respect When HPD has completed the Mechanical Completion procedures outlined in the Technical Specifications and believes that it has achieved Mechanical Completion, HPD shall so notify AMERALIA (which notice shall be accompanied by HPD's proposed Punch List). Thereafter, AMERALIA shall conduct those investigations and inspections as it deems necessary or appropriate to each SGFdetermine if Mechanical Completion has in fact been achieved. Within five business (5) days after the receipt of HPD's notice by AMERALIA, when Contractor considers AMERALIA shall either (i) notify HPD that Mechanical Completion has been achieved, or (ii) notify HPD that Mechanical Completion has not been achieved and stating the Work with respect to reasons therefor. In the SGF to be Mechanically Complete in accordance with the Contract Documentsevent AMERALIA provides written notice that Mechanical Completion has been achieved, HPD and AMERALIA shall, within ten (10) days thereafter, mutually prepare an updated Punch List, and when Contractor has received shall execute a "Certificate of Mechanical Completion" establishing and identifying the construction permit certificate of acceptance from the construction permitting authority, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Mechanical Completion for such SGFDate (which date shall be the date of HPD's original notice). Owner and Authority Construction Monitor shall review In the Application for event AMERALIA provides written notice that Mechanical Completion has not been achieved, HPD shall, at its sole cost and expense, immediately correct and/or remedy the defects, deficiencies and other conditions which so prevent Mechanical Completion. Upon completion of such corrective and/or remedial actions, HPD shall resubmit its notice stating that it believes Mechanical Completion has been achieved and the Work foregoing procedures shall be repeated until Mechanical Completion has in fact been achieved. In the event AMERALIA fails to provide written notice to HPD within the foregoing five (5) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five (5) Business Day business day period, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at Contractor’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets the requirements for Mechanical Completion. Within twenty (20) days after receipt of Notice from Owner that the Work is not Mechanically Complete, or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after which Contractor shall submit a revised Application for Mechanical Completion. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for Mechanical Completion within such five (5) Business Day period, and such delay causes a change in the Critical Path of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner achieved on the date that the applicable Application for Mechanical Completion was issued by Contractorof HPD's original notice.

Mechanical Completion. With respect Subject to each SGFthe occurrence of the FNTP Date, when Contractor considers Seller shall cause the Work with respect to achieve Mechanical Completion. At least twenty-one (21) days, but no more than thirty-five (35) days, prior to the SGF date on which Seller anticipates the Work will achieve Mechanical Completion (the “Anticipated Mechanical Completion Date”), Seller shall provide to be Mechanically Complete in accordance with Buyer written notice of the Contract Documents, Anticipated Mechanical Completion Date. If and when Contractor Seller considers that the Work has received achieved Mechanical Completion, Seller shall certify the construction permit certificate same to Buyer in writing. Buyer shall, within ten (10) Business Days after receipt of acceptance from such certification, either (a) confirm in writing to Seller that it agrees that the construction permitting authority, then Contractor shall issue to Owner and Authority Construction Monitor an Application for Work has achieved Mechanical Completion for such SGF. Owner and Authority Construction Monitor shall review or (b) notify Seller in writing that it does not agree that the Application for Work has achieved Mechanical 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 within five (5) Business Days of receipt of the Application for Mechanical Completion for the sole purpose of determining or that the Work, or relevant portion thereof, is Mechanically Complete and in conformance with the Scope of Work, final construction documents and any Change Orders. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the Application for Mechanical Completion within such five (5) Business Day period, then Contractor shall be entitled to served as a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner has not responded with its approval or disapproval. In connection with such review, Authority and/or Applicable Local Unit may, at its or their own cost and expense and not at ContractorBuyer’s expense, engage the Authority Construction Monitor, to evaluate the SGF to see if it meets the requirements for Mechanical Completion. Within twenty (20) days after receipt dispute of Notice from Owner Seller’s determination that the Work is not Mechanically Complete, or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will promptly complete any incomplete items and remedy defective items, after which Contractor shall submit a revised Application for Mechanical Completion. Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor within five (5) Business Days of Owner’s receipt of such revised Application for Mechanical Completion. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for has achieved Mechanical Completion within such five (5) Business Day periodand resubmit its certification of Mechanical Completion to Buyer. For the purposes of this Agreement, and such delay causes a change in the Critical Path of the Project Schedule, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with its approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Mechanically Complete, Owner shall deliver a Mechanical Completion Certificate to Contractor, which shall be deemed to have been delivered by Owner achieved Mechanical Completion on the earlier of (i) the date Buyer confirms in writing to Seller that it agrees the Work has achieved Mechanical Completion and (ii) if within ten (10) Business Days after receipt of a written certification from Seller that the applicable Application for Work has achieved Mechanical Completion, Buyer has neither confirmed in writing that it agrees the Work has achieved Mechanical Completion was issued by Contractornor provided Seller a notice pursuant to clause (b) above, the tenth (10th) Business Day after Seller issues Buyer a written certification that the Work has achieved Mechanical Completion.