Common use of Notice of Substantial Completion of Work Clause in Contracts

Notice of Substantial Completion of Work. ‌ (a) When the Work meets the Substantial Completion Criteria set forth in Appendix H, Seller shall so notify Buyer and provide Buyer a certificate of an Authorized Officer of Seller certifying that the Substantial Completion Criteria have been met and the date thereof (such notice and affidavit, the “Request for Substantial Completion”). (b) Within five (5) days after receipt of the Request for Substantial Completion, Buyer shall by notice (“Notice of Substantial Completion”) either: (i) reject such Request for Substantial Completion and refuse to issue the Notice of Substantial Completion and state what Substantial Completion Criteria Seller failed to achieve; or (ii) accept the Request for Substantial Completion as given or with punch list items, and issue the Notice of Substantial Completion with Substantial Completion deemed to occur on the date set forth in said Request for Substantial Completion. (c) If Buyer rejects the Request for Substantial Completion, Seller shall promptly provide to Buyer a plan and schedule for remedying the deficiencies specified in Buyer’s rejection, shall carry out such plan at its own cost and expense, and, upon completion thereof, shall issue a new Request for Substantial Completion. (d) The foregoing procedure shall apply again and successively thereafter until Substantial Completion Criteria have been achieved. Disputes as to whether Seller has achieved Substantial Completion shall be resolved pursuant to article 32 (“Claims, Claim Notice and Dispute Resolution”).

Appears in 4 contracts

Samples: Asset Purchase Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

AutoNDA by SimpleDocs

Notice of Substantial Completion of Work. (a) When the Work meets the Substantial Completion Criteria set forth in Appendix HAA, Seller Developer shall so notify Buyer PacifiCorp and provide Buyer PacifiCorp a certificate of an Authorized Officer of Seller Developer, in the form of Appendix D, certifying that the Substantial Completion Criteria have been met achieved and the date thereof (such notice and affidavit, the “Request for Certificate of Substantial Completion”). (b) Within five (5) days Business Days after receipt of the Request for Certificate of Substantial Completion, Buyer PacifiCorp shall by notice (“Notice of Substantial Completion”) either: (i) reject such Request for Substantial Completion and refuse to issue the Notice Certificate of Substantial Completion and state what by written notice (the “Notice of Rejection of Substantial Completion”) specify the Substantial Completion Criteria Seller Developer failed to achieve; or (ii) accept the Request for Substantial Completion as given or with punch list items, and issue the Notice Certificate of Substantial Completion with by countersigning the Certificate of Substantial Completion, in which case, Substantial Completion shall be deemed to occur on the date set forth in said Request for the Certificate of Substantial Completion. (c) If Buyer PacifiCorp rejects the Request for Certificate of Substantial CompletionCompletion pursuant to Section 20.2(b)(i), Seller then Developer shall promptly provide to Buyer PacifiCorp a plan and schedule for remedying the deficiencies specified in BuyerPacifiCorp’s rejectionNotice of Rejection of Substantial Completion, and shall carry out such plan at its own cost and expense. Upon completion of such remedial work and Developer’s belief that the Substantial Completion Criteria are satisfied, and, upon completion thereof, Developer shall issue a new Request for Certificate of Substantial CompletionCompletion to PacifiCorp pursuant to Section 20.2(a). (d) The foregoing procedure shall apply again and successively thereafter be repeated until PacifiCorp accepts the Certificate of Substantial Completion Criteria have been achievedpursuant to Section 20.2(b)(ii). Disputes as to whether Seller Developer has achieved Substantial Completion shall be resolved pursuant to article 32 (“Claims, Claim Notice and Dispute Resolution”)ARTICLE 32.

Appears in 2 contracts

Samples: Build Transfer Agreement, Build Transfer Agreement

Notice of Substantial Completion of Work. (a) When the Work meets the Substantial Completion Criteria set forth in Appendix H, Seller shall so notify Buyer and provide Buyer a certificate of an Authorized Officer of Seller certifying that the Substantial Completion Criteria have been met and the date thereof (such notice and affidavit, the “Request for Substantial Completion”). (b) Within five (5) days after receipt of the Request for Substantial Completion, Buyer shall by notice (“Notice of Substantial Completion”) either: (i) reject such Request for Substantial Completion and refuse to issue the Notice of Substantial Completion and state what Substantial Completion Criteria Seller failed to achieve; or (ii) accept the Request for Substantial Completion as given or with punch list items, and issue the Notice of Substantial Completion with Substantial Completion deemed to occur on the date set forth in said Request for Substantial Completion. (c) If Buyer rejects the Request for Substantial Completion, Seller shall promptly provide to Buyer a plan and schedule for remedying the deficiencies specified in Buyer’s rejection, shall carry out such plan at its own cost and expense, and, upon completion thereof, shall issue a new Request for Substantial Completion.Completion.‌ (d) The foregoing procedure shall apply again and successively thereafter until Substantial Completion Criteria have been achieved. Disputes as to whether Seller has achieved Substantial Completion shall be resolved pursuant to article 32 (“Claims, Claim Notice and Dispute Resolution”).

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

Notice of Substantial Completion of Work. (a) When the Work meets the Substantial Completion Criteria set forth in Appendix H, Seller shall so notify Buyer and provide Buyer a certificate of an Authorized Officer of Seller certifying that the Substantial Completion Criteria have been met and the date thereof (such notice and affidavit, the “Request for Substantial Completion”). (b) Within five (5) days after receipt of the Request for Substantial Completion, Buyer shall by notice (“Notice of Substantial Completion”) either: (i) reject such Request for Substantial Completion and refuse to issue the Notice of Substantial Completion and state what Substantial Completion Criteria Seller failed to achieve; or (ii) accept the Request for Substantial Completion as given or with punch list items, and issue the Notice of Substantial Completion with Substantial Completion deemed to occur on the date set forth in said Request for Substantial Completion. (c) If Buyer rejects the Request for Substantial Completion, Seller shall promptly provide to Buyer a plan and schedule for remedying the deficiencies specified in Buyer’s rejection, shall carry out such plan at its own cost and expense, and, upon completion thereof, shall issue a new Request for Substantial Completion. (d) The foregoing procedure shall apply again and successively thereafter until Substantial Completion Criteria have been achieved. Disputes as to whether Seller has achieved Substantial Completion shall be resolved pursuant to article 32 (“Claims, Claim Notice and Dispute Resolution”).

Appears in 1 contract

Samples: Asset Purchase Agreement

AutoNDA by SimpleDocs

Notice of Substantial Completion of Work. (a) When the Work meets the Substantial Completion Criteria set forth in Appendix H, Seller Contractor shall so notify Buyer Company and provide Buyer Company a certificate of an Authorized Officer of Seller Contractor certifying that the Substantial Completion Criteria have been met and the date thereof (such notice and affidavit, the “Request for Substantial Completion”). (b) Within five (5) days after receipt of the Request for Substantial Completion, Buyer Company shall by notice (“Notice of Substantial Completion”) either: (i) reject such Request for Substantial Completion and refuse to issue the Notice of Substantial Completion and state what Substantial Completion Criteria Seller Contractor failed to achieve; or (ii) accept the Request for Substantial Completion as given or with punch list items, and issue the Notice of Substantial Completion with Substantial Completion deemed to occur on the date set forth in said Request for Substantial Completion. (c) If Buyer Company rejects the Request for Substantial Completion, Seller Contractor shall promptly provide to Buyer Company a plan and schedule for remedying the deficiencies specified in BuyerCompany’s rejection, shall carry out such plan at its own cost and expense, and, upon completion thereof, shall issue a new Request for Substantial Completion. (d) The foregoing procedure shall apply again and successively thereafter until Substantial Completion Criteria have been achieved. Disputes as to whether Seller Contractor has achieved Substantial Completion shall be resolved pursuant to article 32 311 (“Claims, Claim Notice and Dispute Resolution”).

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!