Notice of Final Completion. When Contractor believes that it has satisfied the provisions of Section 13.4, Contractor shall deliver to Owner a Notice of Final Completion. Owner shall, within five (5) Business Days after receipt of such Notice, issue an Owner’s Certificate of Final Completion, dated to reflect the Final Completion Date, or if Owner rejects Contractor’s Notice, respond in writing specifying the conditions to Final Completion that Contractor has failed to satisfy as the basis for such rejection and Contractor shall take the appropriate corrective action. Upon completion of such corrective action, Contractor shall provide to Owner a new Notice for approval. This process shall be repeated on an iterative basis until Contractor has satisfied the conditions to Final Completion that Owner specified as the basis for its rejection and Owner issues an Owner’s Certificate of Final Completion. If Contractor contends that Owner has improperly required any such corrective action, Contractor shall proceed as directed by Owner in writing, but shall in all events retain its rights to recover any costs, damages and losses in connection therewith pursuant to Article 30. The “Final Completion Date” for the Project shall be the day after the date on which the last of the conditions of Section 13.4 was satisfied or waived. If Owner fails to issue Owner’s Certificate of Final Completion within five (5) Business Days after receipt of the Notice of Final Completion and does not respond in writing within such five (5) Business Day period to such Notice of Final Completion specifying the conditions to Final Completion that Contractor failed to satisfy as the basis for rejection of Contractor’s Notice of Final Completion, Owner shall be deemed to have approved Final Completion.
Notice of Final Completion. When the Contractor believes that it has achieved Final Completion, it shall deliver to the General Contractor a notice thereof (the "Notice of Final Completion").
Notice of Final Completion. The ESCO shall submit a written certification to the University that the work complies with all aspects of the Project Documents, that all items on the Substantial Completion punch list have been completed, that no Event of Default under Article 11 exists and that the Energy Savings Guarantee set forth in Schedule B which became effective on the Acceptance Date, remains in full force and effect. The ESCO shall certify that all adjustments to materials, equipment, or systems as a result of system commissioning are complete. All of the ESCO’s tools, construction equipment and surplus materials shall have been removed.
Notice of Final Completion. Each of the Holders shall have received a notice of Final Completion at least three (3) Business Days before the Final Completion Date.
Notice of Final Completion. Contractor shall deliver to Owner a Notice of Final Completion stating that Contractor believes it has satisfied the provisions of Section 14.4. Owner shall promptly issue an Owner’s Certificate of Final Completion to Contractor evidencing that, to the best of Owner’s knowledge, all of Contractor’s construction obligations under this Agreement have been satisfied and Final Completion has been achieved, or if Owner rejects Contractor’s Notice of Final Completion, respond in writing giving Owner’s reasons for such rejection and Contractor shall promptly take the appropriate corrective action. Upon completion of such corrective action, Contractor shall resubmit a Notice of Final Completion to Owner for approval. This process shall be repeated until Owner accepts Contractor’s Notice of Final Completion and issues an Owner’s Certificate of Final Completion. Owner shall use commercially reasonable efforts to accept or reject the initial Notice of Final Completion and any subsequent iterations within ten (10) days after receipt thereof. If Owner fails to respond within thirty (30) days of receipt beyond such time period, and at any time during such subsequent review process Owner rejects Contractor’s Notice of Final Completion, at such time as the
Notice of Final Completion. A Notice from Contractor to Owner in accordance with Section 15.5(i) that the Power Plant has satisfied the requirements for Final Completion.
Notice of Final Completion. Project Co shall deliver notice to the City and the Independent Certifier specifying the date on which Project Co anticipates that final completion will be achieved. Project Co shall deliver this notice not less than 90 days prior to the anticipated final completion date, failing which the anticipated final completion date shall be deemed to be the same date as the scheduled final completion date. If Project Co fails to achieve substantial completion within 365 days after the scheduled substantial completion date, this would constitute a Project Co event of default under the Project Agreement. Development of Design Project Co shall, at its own cost, develop and complete the design of the system infrastructure and the new municipal infrastructure in accordance with the requirements of the Project Agreement. In order to develop the detailed design of the system infrastructure and new municipal infrastructure, Project Co shall consult with stakeholders, the person designated as the City Representative and the City’s design team. Performance of Design Obligations In the design and engineering of the system infrastructure and new municipal infrastructure, Project Co, its consultants and the Project Co parties shall exercise the standard of care normally exercised by licensed or registered professional engineering and architectural personnel and other licensed or registered professionals, as applicable, having knowledge and experience in performing design activities of a similar nature, scope and complexity. Project Co shall ensure that all parts of the works shall, as required by law, be performed or reviewed by licensed or registered professional engineers and architects registered to practice in the province of Ontario. Such architects and engineers shall certify and, if required by law, sign and seal, all designs, drawings and technical reports confirming that they comply with all prevailing design standards and design practices for such work in the province of Ontario and all other applicable standards, specifications and codes, as otherwise required by law. General Construction Obligations Project Co is responsible for all construction means, methods and techniques used to undertake the works and must provide everything (including labour, plant, equipment and materials) necessary for the construction and commissioning of the system infrastructure and new municipal infrastructure. Project Co shall have complete control of the works and shall be responsible ...
Notice of Final Completion. A Notice from Contractor to Owner in accordance with Section 15.7 that the Project has satisfied the requirements for Final Completion.
Notice of Final Completion. Once the DB Contractor believes it has achieved Final Completion, including completion of all Punch List items, but with the sole exceptions of completion of the final inspection and security sweep, the DB Contractor shall forward to the Authority, ADOC, and Program Manager a written notice and certification that the Work is ready for final inspection, a security sweep, and final acceptance. The Authority and the ADOC, in conjunction with the DB Contractor, and assisted by the ADOC and Program Manager, shall promptly make such inspection.
Notice of Final Completion. Promptly after items in Section 9.4 above have been completed, Contractor shall issue to Owner a Notice of Final Completion which shall include copies of relevant Performance Test reports in reasonable detail and which shall set forth the date upon which the conditions set forth in Section 9.4 were satisfied. Within ten (10) Business Days after receipt of the Notice of Final Completion, Owner shall respond to Contractor in writing and either accept such Notice or identify any deficiencies which shall be promptly corrected by Contractor and the Notice of Final Completion resubmitted to Owner. The date of Final Completion shall date back in time to the date Contractor first submits for such approval, provided that such submission is approved. In the event Owner fails to provide Contractor Notice, as required hereinabove, the Parties agree that Final Completion shall be deemed to have occurred with the date of Final Completion being the date of Contractor’s most recent applicable Notice to Owner that the requirements of Final Completion have been achieved.
