Common use of Prior to Substantial Completion Clause in Contracts

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect shall be at Project Co’s expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College is determined to adversely affect the day to day operation of the College.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or In-Contract Equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College Contracting Authority is determined to adversely affect the day to day operation of the CollegeContracting Authority.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or In- Contract Equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College Contracting Authority is determined to adversely affect the day to day operation of the CollegeContracting Authority.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility Expansion Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College Contracting Authority is determined to adversely affect the day to day operation of the CollegeContracting Authority.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect shall be at Project Co’s expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College JBH is determined to adversely affect the day to day operation of the CollegeJBH.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in the into a Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or In- Contract Equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College Contracting Authority is determined to adversely affect the day to day operation of the CollegeContracting Authority.

Prior to Substantial Completion. Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated in into the Facility and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or In-Contract Equipment, or damage through carelessness or other act or omission of Project Co. The correction of Construction Defect Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Baseline Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of the College Contracting Authority is determined to adversely affect the day to day operation of the CollegeContracting Authority.