Common use of Notice of Final Completion Clause in Contracts

Notice of Final Completion. When Sellxx xxxieves that it has satisfied the provisions of Section 12.9, Seller shall deliver to Purchaser and Independent Engineer a Notice of Final Completion, together with reasonable supporting documentation evidencing the satisfaction of the provisions in Section 12.9. Within ten (10) Business Days after receipt of the Notice of Final Completion, Purchaser shall deliver its countersignature to the Notice of Final Completion or, if Purchaser rejects Seller’s Notice, respond in writing, giving its reasons for rejection. Thereafter, Seller shall take the appropriate corrective action. Upon completion of such corrective action, Seller shall provide to Purchaser and Independent Engineer a new Notice of Final Completion for approval. This process shall be repeated on an iterative basis until Purchaser accepts the Notice of Final Completion, as applicable, and delivers its countersignature to the Notice of Final Completion. The “Final Completion Date” of the Project shall be the date on which Sellxx xxxned and dated the Notice of Final Completion, provided the Notice of Final Completion is accepted and agreed by Purchaser. 38

Appears in 1 contract

Samples: Construction Management Agreement

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Notice of Final Completion. When Sellxx xxxieves Contractor shall deliver to Owner a Notice of Final Completion stating that Contractor believes it has satisfied the provisions of Section 12.9, Seller shall deliver 14.4 with respect to Purchaser and Independent Engineer a Notice of Final Completion, together with reasonable supporting documentation evidencing the satisfaction of the provisions in Section 12.9such Unit. Within ten (10) Business Days business days after receipt of the Notice of Final Completion, Purchaser Owner shall deliver its countersignature 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 with respect to such Unit have been satisfied and Final Completion of such Unit has been achieved, or if Owner rejects Contractor’s Notice of Final Completion or, if Purchaser rejects Seller’s NoticeCompletion, respond in writing, writing giving its Owner’s reasons for rejection. Thereafter, Seller such rejection and Contractor shall promptly take the appropriate corrective action. Upon completion of such corrective action, Seller Contractor shall provide to Purchaser and Independent Engineer resubmit a new Notice of Final Completion for such Unit to Owner for approval. This process shall be repeated on until Owner accepts Contractor’s Notice of Final Completion and issues an iterative basis until Purchaser accepts the Owner’s Certificate of Final Completion. Owner shall use commercially reasonable efforts to advise Contractor within ten (10) business days after Contractor has delivered a Notice of Final Completion why a Unit has not achieved Final Completion, and if Owner has not responded to such Notice of within twenty (20) business days after Contractor delivers such Notice of Final Completion, as applicable, and delivers its countersignature to the Notice of Final Completion. The “Final Completion Date” of the Project such Unit shall be the date on which Sellxx xxxned and dated the Notice of Final Completion, provided the Notice of Final Completion is accepted and agreed by Purchaser. 38deemed to have occurred.

Appears in 1 contract

Samples: Procurement and Construction Agreement (Txu Corp /Tx/)

Notice of Final Completion. When Sellxx xxxieves Xxxxxx believes that it has satisfied the provisions of Section 12.9, Seller shall deliver to Purchaser and Independent Engineer a Notice of Final Completion, together with reasonable supporting documentation evidencing the satisfaction of the provisions in Section 12.9. Within ten (10) Business Days after receipt of the Notice of Final Completion, Purchaser shall deliver its countersignature to the Notice of Final Completion or, if Purchaser rejects Seller’s Notice, respond in writing, giving its reasons for rejection. Thereafter, Seller shall take the appropriate corrective action. Upon completion of such corrective action, Seller shall provide to Purchaser and Independent Engineer a new Notice of Final Completion for approval. This process shall be repeated on an iterative basis until Purchaser accepts the Notice of Final Completion, as applicable, and delivers its countersignature to the Notice of Final Completion. The “Final Completion Date” of the Project shall be the date on which Sellxx xxxned Xxxxxx signed and dated the Notice of Final Completion, provided the Notice of Final Completion is accepted and agreed by Purchaser. 3840

Appears in 1 contract

Samples: Construction Management Agreement

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Notice of Final Completion. When Sellxx xxxieves Contractor shall deliver to Owner a Notice of Final Completion stating that Contractor believes it has satisfied the provisions of Section 12.914.4. Owner shall promptly issue an Owner’s Certificate of Final Completion to Contractor evidencing that, Seller shall deliver to Purchaser the best of Owner’s knowledge, all of Contractor’s construction obligations under this Agreement have been satisfied and Independent Engineer a Final Completion has been achieved, or if Owner rejects Contractor’s Notice of Final Completion, together with reasonable supporting documentation evidencing the satisfaction of the provisions in Section 12.9. Within ten (10) Business Days after receipt of the Notice of Final Completion, Purchaser shall deliver its countersignature to the Notice of Final Completion or, if Purchaser rejects Seller’s Notice, respond in writing, writing giving its Owner’s reasons for rejection. Thereafter, Seller such rejection and Contractor shall promptly take the appropriate corrective action. Upon completion of such corrective action, Seller Contractor shall provide to Purchaser and Independent Engineer resubmit a new Notice of Final Completion to Owner for approval. This process shall be repeated on until Owner accepts Contractor’s Notice of Final Completion and issues an iterative basis until Purchaser accepts 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 applicable, and delivers its countersignature to the Notice of Final Completion. The “Final Completion Date” of the Project shall be the date on which Sellxx xxxned and dated the Notice of Final Completion, provided the Notice of Final Completion is accepted and agreed by Purchaser. 38the

Appears in 1 contract

Samples: , and Construction Agreement (Energy Future Holdings Corp /TX/)

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