Common use of PM-Sections Clause in Contracts

PM-Sections. 13.1.1.1 The Concessionaire will issue to the Independent Certifier and the Province’s Representative a notice informing them at least 15 Working Days but no more than 30 Working Days prior to the date upon which the Concessionaire expects the Pre Olympic Works relating to each PM-Section will be Substantially Completed. If the Concessionaire has at any time reason to believe that the said date expected for Substantial Completion as aforesaid will be delayed by more than 5 Working Days, it will issue a fresh notice informing the Independent Certifier and the Province’s Representative of the new date expected for Substantial Completion as aforesaid. 13.1.1.2 Upon the Concessionaire notifying the Independent Certifier and the Province’s Representative that Substantial Completion as aforesaid has occurred, and subject to the delivery to the Independent Certifier and the Province's Representative of a Concessionaire’s Substantial Completion Certificate (PM-Section) and all other relevant Certificates and supporting documentation in accordance with Part 3 of Schedule 5 [Design and Certification Procedure] with respect to the relevant PM-Section, the Province’s Representative and the Concessionaire will cause the Independent Certifier to commence, within 10 Working Days of receipt of such notice, an inspection of the Pre Olympic Works relating to the relevant PM-Section. 13.1.1.3 The Province’s Representative and the Concessionaire will cause the Independent Certifier, within 20 Working Days of the commencement of such inspection, to either:

PM-Sections. 13.1.1.1 13.2.1.1 Notwithstanding the issue of a Substantial Completion Certificate (PM-Section) with respect to a PM-Section, the Concessionaire will promptly Finally Complete all outstanding Works relating to that PM-Section as soon as practicable and in any event within 90 days (or such longer period as may be determined by the Province's Representative, acting reasonably) following the issue of the Substantial Completion Certificate (PM-Section) with respect to that PM-Section. 13.2.1.2 The Concessionaire will issue to the Independent Certifier and the Province’s Representative a notice informing notifying them at least 15 Working Days but no more than 30 Working Days prior to the date upon which the Concessionaire expects the Pre Olympic Works relating to each PM-Section will to be Substantially Finally Completed. If the Concessionaire has at any time reason to believe that the said date expected for Substantial Final Completion as aforesaid will be delayed by more than 5 Working Days, it will issue a fresh notice informing the Independent Certifier and the Province’s Representative of the new date expected for Substantial Final Completion as aforesaid. 13.1.1.2 13.2.1.3 Upon the Concessionaire notifying the Independent Certifier and the Province’s Representative that Substantial Final Completion as aforesaid has occurred, and subject to the delivery to the Independent Certifier and the Province's Representative of a Concessionaire’s Substantial Final Completion Certificate (PM-Section) and all other relevant Certificates and supporting documentation in accordance with Part 3 of Schedule 5 [Design and Certification Procedure] with respect to the relevant PM-Section, the Province’s Representative and the Concessionaire will cause the Independent Certifier to commence, within 10 Working Days of receipt of such notice, an inspection of the Pre Olympic Works relating to the relevant PM-Section. 13.1.1.3 13.2.1.4 The Province’s Representative and the Concessionaire will cause the Independent Certifier, within 20 Working Days of the commencement of such inspection, to either: 13.2.1.4.1 issue a Final Completion Certificate (PM-Section) for the relevant PM-Section to the Province and the Concessionaire; or 13.2.1.4.2 notify the Concessionaire and the Province’s Representative of its decision not to issue a Final Completion Certificate (PM-Section) for the relevant PM-Section and state the reasons for such decision. 13.2.1.5 The Independent Certifier will refuse to issue a Final Completion Certificate (PM-Section) for a PM-Section only if: 13.2.1.5.1 the Pre Olympic Works relating to the relevant PM- Section (including any Off-Site Facilities comprised therein or relating thereto) have not been Finally Completed in accordance with the Construction Output Specifications and the Construction Requirements; 13.2.1.5.2 there has been non-compliance in any material respect with the Design and Certification Procedure or any of the Technical Requirements or non-compliance with any Laws and Regulations or Legal Requirements which in either case has not been rectified; or 13.2.1.5.3 any other conditions or requirements under this Agreement (including any conditions or requirements set forth in the definition of “Final Completion” in Section 1 of Schedule 1 [Definitions and Interpretation]) to the achievement of Final Completion have not been satisfied or complied with in respect of the Pre Olympic Works relating to the relevant PM- Section. 13.2.1.6 In the event of service of a notice by the Independent Certifier under Section 13.2.1.4.2, the Concessionaire will issue to the Independent Certifier and the Province’s Representative a notice not less than 5 Working Days but no more than 10 Working Days prior to the date upon which the Concessionaire expects to complete such further works or other measures necessary or appropriate to remedy or remove the cause of the refusal to issue a Final Completion Certificate (PM-Section) for the relevant PM-Section notifying them accordingly. Upon the Concessionaire notifying the Independent Certifier and the Province’s Representative that such further works or other measures necessary or appropriate as aforesaid have been completed, the Province’s Representative and the Concessionaire will cause the Independent Certifier to commence, within 10 Working Days of receipt of such notice, an inspection of such further works or measures and the provisions of Sections 13.2.1.4 and 13.2.1.5 and this Section 13.2.1.6 will thereafter apply to such notice mutatis mutandis.