Common use of Notice of Final Completion Clause in Contracts

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 Contractor believes that it has satisfied all of the provisions of conditions to Final Completion specified in Section 13.4, Contractor shall deliver to Owner a Notice of Final CompletionCompletion for Owner’s review and approval. 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 NoticeNotice of Final Completion, 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 of Final Completion 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 approved or waiveddeemed approved by Owner in accordance with this Section 13.3. 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, then Owner shall be deemed to have approved Final Completion.

Notice of Final Completion. When Contractor believes that it has satisfied shall satisfy the provisions conditions for Final Completion no later than the Guaranteed Final Completion Date. Promptly after 3.1 to attain Final Completion (other than the condition of Section 13.48.3.1(q)) have been satisfied, Contractor shall deliver issue to Owner and to Independent Engineer a Notice of Final Completion ("NOTICE OF FINAL COMPLETION"), which shall include a copy of the test report for the Process Tests, if not previously transmitted. Within ten (10) Business Days after its receipt of the Notice of Final Completion, Owner, with the concurrence of Independent Engineer, shall respond to Contractor in writing and either accept or reject such Notice of Final Completion. If the Notice of Final Completion is rejected, Owner shallshall with reasonable specificity identify any deficiencies. Contractor shall then satisfactorily explain or correct the identified deficiencies, within or to the extent necessary re-conduct the Process Tests, and issue a revised Notice of Final Completion to Owner and Independent Engineer, whereupon Owner, with the concurrence of Independent Engineer, shall have five (5) Business Days after receipt of to accept or reject such Notice, issue an Owner’s Certificate Notice 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 as necessary until Contractor Owner, with the concurrence of the Independent Engineer, has satisfied confirmed that all the conditions to for 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 have been satisfied or (with the written consent of Lender) waived. If , whereupon Owner fails to issue Owner’s Certificate of Final Completion within five (5) Business Days after receipt of and Independent Engineer shall accept the Notice of Final Completion and does not respond in writing within such five (5) Business Day period by issuing to such Contractor a "FINAL COMPLETION CERTIFICATE". The "FINAL COMPLETION DATE" shall be the date Owner receives the Notice of Final Completion specifying which is accepted by Owner and Independent Engineer in accordance with the conditions foregoing procedures. If Owner and Independent Engineer fail to respond within the periods specified above, at the expiration of the applicable time period Final Completion that Contractor failed to satisfy as shall be deemed accepted and the basis for rejection of Contractor’s Notice of Final Completion, Owner Completion Date shall be deemed to have approved occurred on the date Owner received the relevant Notice of Final Completion.

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 CompletionCompletion stating that Contractor believes it has satisfied the provisions of Section 14.4 with respect to such Unit. Owner shall, within five Within ten (510) Business Days business days after receipt of such Noticethe Notice of Final Completion, Owner shall issue an Owner’s Certificate of Final CompletionCompletion to Contractor evidencing that, dated to reflect the best of Owner’s knowledge, all of Contractor’s construction obligations under this Agreement with respect to such Unit have been satisfied and Final Completion Dateof such Unit has been achieved, or if Owner rejects Contractor’s NoticeNotice of Final Completion, respond in writing specifying the conditions to Final Completion that Contractor has failed to satisfy as the basis giving Owner’s reasons for such rejection and Contractor shall promptly take the appropriate corrective action. Upon completion of such corrective action, Contractor shall provide resubmit a Notice of Final Completion for such Unit to Owner a new Notice for approval. This process shall be repeated on an iterative basis until Contractor has satisfied the conditions to Owner accepts Contractor’s Notice of Final Completion that Owner specified as the basis for its rejection and Owner issues an Owner’s Certificate of Final Completion. If Owner shall use commercially reasonable efforts to advise Contractor contends that Owner within ten (10) business days after Contractor 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 delivered a Notice of Final Completion why a Unit has not achieved Final Completion, and does if Owner has not respond in writing within such five (5) Business Day period responded to such Notice of Final Completion specifying the conditions to Final Completion that within twenty (20) business days after Contractor failed to satisfy as the basis for rejection of Contractor’s delivers such Notice of Final Completion, Owner Final Completion of such Unit shall be deemed to have approved Final Completionoccurred.