Common use of NOTICE OF COMPLETION OF WORK Clause in Contracts

NOTICE OF COMPLETION OF WORK. Upon the request of Respondents or on its own initiative, EPA may deter- mine, after its review of the Final Design Report, that all Work has been fully performed in accordance with this Settlement Agreement, with the exception of any continuing obligations required by this Settlement Agreement, including but not limited to, Institutional Controls and monitoring, if any, payment of EPA Future Response Costs, or record retention, and EPA will provide written notice to Respondents. EPA will use best efforts to respond to Respondents’ request in a timely manner. If EPA determines that any such Work has not been completed in accordance with this Settlement Agreement, EPA will notify Respondents, provide a list of the deficiencies, and require that Respondents correct such deficiencies, or modify the Removal Action Work Plan, if necessary. Respondents shall correct the deficiencies or, if appropriate, implement the modified and approved Work Plan, and shall submit a modified Final Design Report in accordance with the EPA notice, subject to its right to invoke dispute under Section XVI of this Settlement Agreement. Failure by Respondents to implement the approved modified Work Plan shall be a violation of this Settlement Agreement. This Settlement Agreement shall be terminated if all obligations and uncompleted Work required by this Settlement Agreement is included in a consent decree with Respondents and/or other persons and entered as a final judgment.

NOTICE OF COMPLETION OF WORK. Upon the request of Respondents or on its own initiative, EPA may deter- mine, after its review of the Final Design Report, Recontamination Assessment Report and Implementability Study Report that all Work has been fully performed in accordance with this Settlement Agreement, with the exception of any continuing obligations required by this Settlement Agreement, including but not limited to, Institutional Controls and monitoring, if any, payment of EPA Future Response Costs, or record retention, and EPA will provide written notice to Respondents. EPA will use best efforts to respond to Respondents’ request in a timely manner. If EPA determines that any such Work has not been completed in accordance with this Settlement Agreement, EPA will notify Respondents, provide a list of the deficiencies, and require that Respondents correct such deficiencies, or modify the Removal Action Work Plan], if necessary. Respondents shall correct the deficiencies or, if appropriate, implement the modified and approved Work Plan, and shall submit a modified Final Design Recontamination Assessment Report and/or modified Implementability Study Report, in accordance with the EPA notice, subject to its right to invoke dispute under Section XVI of this Settlement Agreement. Failure by Respondents to implement the approved and/or modified Work Plan shall be a violation of this Settlement Agreement. This Settlement Agreement shall be terminated if all obligations and uncompleted Work required by this Settlement Agreement is included in a consent decree with Respondents and/or other persons and entered as a final judgment.