Common use of Mechanical Completion Clause in Contracts

Mechanical Completion. “Mechanical Completion” shall occur when, except for minor items of the Project Work that would not affect the performance or operation of the Facility, (a) all materials and equipment for the Facility have been installed substantially in accordance with the Final Plans; and (b) all equipment and equipment systems required to be installed by CONTRACTOR have been installed and initially tested (excluding Acceptance Testing); and (c) all the equipment and systems can be operated in a safe and prudent manner and have been installed in a manner that does not void any Subcontractor equipment or system warranties; and (d) the Facility is ready to commence Acceptance Testing, and operations; and (e) a Punch List of the uncompleted items is established by CONTRACTOR and mutually agreed upon by the Parties, provided that if CONTRACTOR and COUNTY disagree as to whether a particular item shall appear on the Punch List, the COUNTY’s QA/QC Director shall promptly decide the dispute; and (g) all Project Work, other than Punch List items and Acceptance Testing and any other Project Work sequenced after Mechanical Completion, has been completed; and (h) the QA/QC Director certifies each of the foregoing to the satisfaction of the COUNTY.

Appears in 2 contracts

Samples: Agreement, www.lakecountyca.gov

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Mechanical Completion. “Mechanical Completion” shall occur when, except for fo r minor items of the Project Work that would not affect the performance or operation of the FacilityFacility such as painting, landscaping and so forth (a) all materials and equipment for the Facility have been installed substantially in accordance with the Final PlansSpecifications; and (b) all equipment and equipment systems required to be installed by CONTRACTOR Contractor have been installed and initially tested (excluding Acceptance Testing); and (c) all the equipment and systems can be operated in a safe and prudent manner and have been installed in a manner that does not void any Subcontractor equipment or system warranties; and (d) the Facility is ready to commence start-up, Acceptance Testing, and operations; and (e) a Punch List of the uncompleted items is established by CONTRACTOR Contractor and mutually agreed upon by the Parties, provided that if CONTRACTOR Contractor and COUNTY Owner disagree as to whether a particular item shall appear on the Punch List, the COUNTY’s QA/QC Director Independent Engineer shall promptly decide the dispute; and (g) all Project Work, other than Punch List items and Acceptance Testing and any other Project Work sequenced after Mechanical Completion, has been completed; and (h) the QA/QC Director Independent Engineer certifies each of the foregoing in writing to the satisfaction of the COUNTYOwner.

Appears in 1 contract

Samples: Asset Purchase Agreement (SolarMax Technology, Inc.)

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Mechanical Completion. “Mechanical Completion” shall occur when, except for minor items of the Project Work that would not affect the performance or operation of the FacilityFacility such as painting, landscaping and so forth (a) all materials and equipment for the Facility have been installed substantially in accordance with the Final PlansSpecifications; and (b) all equipment and equipment systems required to be installed by CONTRACTOR Contractor have been installed and initially tested (excluding Acceptance Testing); and (c) all the equipment and systems can be operated in a safe and prudent manner and have been installed in a manner that does not void any Subcontractor equipment or system warranties; and (d) the Facility is ready to commence start-up, Acceptance Testing, and operations; and (e) a Punch List of the uncompleted items is established by CONTRACTOR Contractor and mutually agreed upon by the Parties, provided that if CONTRACTOR Contractor and COUNTY Owner disagree as to whether a particular item shall appear on the Punch List, the COUNTY’s QA/QC Director Independent Engineer shall promptly decide the dispute; and (g) all Project Work, other than Punch List items and Acceptance Testing and any other Project Work sequenced after Mechanical Completion, has been completed; and (h) the QA/QC Director Independent Engineer certifies each of the foregoing in writing to the satisfaction of the COUNTYOwner.

Appears in 1 contract

Samples: And Construction Agreement

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