Common use of Notification of Substantial Completion Clause in Contracts

Notification of Substantial Completion. (i) Developer shall provide notice to TxDOT when the Project is within 180 days, 90 days and 60 days of achieving Substantial Completion based on and consistent with the most current Project Baseline Schedule Update. (ii) In addition to the notice required under Section 3.10.1(c)(i), Developer shall provide TxDOT with not less than 20 days’ prior notification of the date Developer determines it will achieve Substantial Completion. During such 20-day period, Developer and TxDOT shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT’s orderly, timely inspection and review of the Project and the applicable Final Design Documents and Construction Documents, and TxDOT’s issuance of a Certificate of Substantial Completion. (iii) During such 20-day period, TxDOT shall conduct an inspection of the Project and its components, a review of the applicable Final Design Documents and Construction Documents and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved. (iv) Developer shall provide TxDOT a second notification when Developer determines it has achieved Substantial Completion. Within five days after expiration of the 20-day period and TxDOT’s receipt of the second notification, TxDOT shall either: (A) issue the Certificate of Substantial Completion; or (B) notify Developer setting forth, as applicable, why the Project has not reached Substantial Completion. If TxDOT and Developer cannot agree as to the date of Substantial Completion, such Dispute shall be resolved according to the dispute resolution procedures set forth in this Agreement.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Notification of Substantial Completion. (i) Developer shall provide notice to TxDOT when the Project is within 180 days, 90 days and 60 days of achieving Substantial Completion based on and consistent with the most current Project Baseline Schedule Update. (ii) In addition to the notice required under Section 3.10.1(c)(i), Developer 20.1.3.1. DB Contractor shall provide TxDOT with not less than 20 days’ prior written notification of the date Developer DB Contractor determines it will achieve Substantial Completion. During such 20-day period, Developer DB Contractor and TxDOT shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT’s 's orderly, timely inspection and review of the Project and the applicable Final Design Documents and Construction Documents, and TxDOT’s issuance of a Certificate of Substantial Completion. (iii) 20.1.3.2. During such 20-day period, TxDOT shall conduct an inspection of the Project and its components, a review of the applicable Final Design Documents and Construction Documents and such other investigation as may be necessary to evaluate whether Substantial Completion is achieved. The Authority shall be permitted to participate in all Project inspections, document reviews, and investigations in connection with the achievement of Substantial Completion. (iv) Developer 20.1.3.3. DB Contractor shall provide TxDOT a second written notification when Developer DB Contractor determines it has achieved Substantial Completion. Within five days after expiration of the 20-day period and TxDOT’s 's receipt of the second notification, TxDOT shall either: : (Aa) issue the Certificate of Substantial Completion; Completion or (Bb) notify Developer DB Contractor in writing setting forth, as applicable, why the Project has not reached Substantial Completion. If TxDOT and Developer DB Contractor cannot agree as to the date of Substantial CompletionCompletion of the Project, such Dispute shall be resolved according to the dispute resolution procedures set forth in this AgreementDBA.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

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