Common use of Procedures For Substantial Completion Clause in Contracts

Procedures For Substantial Completion. Procedures to be utilized to determine Substantial Completion of the Work in its entirety, or a designated portion thereof, shall be as follows: 12.1.2.1 Either party may initiate procedures for Substantial Completion of the Work in its entirety or a designated portion thereof, but Owner shall not be required to make a determination and accept partial Substantial Completion unless: (a) specific areas or phases of the Work are designated for partial Substantial Completion by Owner; or (b) Owner assumes physical possession of a portion of the Work solely for purposes of Owner’s full use and occupancy. The use or occupancy of a portion of the Work by Owner or its other contractors to inspect and/or correct defective workmanship pursuant to Article 10 of this Agreement or install FF&E or other work shall not be considered as use and occupancy. 12.1.2.2 Unless waived by Owner in writing, Substantial Completion of either the Work in its entirety or a designated portion thereof shall not occur earlier than the date of all designated or required governmental certificates of occupancy and other permits, inspections and certifications for the Project or such portion thereof as the case may be, have been achieved and issued to Owner by the relevant governmental authority, and posted for the Project or such portion thereof, by the relevant governmental authority (provided that a temporary certificate of occupancy (“TCO”) rather than a permanent certificate of occupancy may have been achieved and issued to Owner, and posted, so long as the obtaining of a temporary, rather than a permanent, certificate of occupancy does not prevent any aspect of the Project from being open to the general public). 12.1.2.3 If Owner or Owner’s Lenders disagree that Substantial Completion has been achieved, Owner shall provide the Contractor with an advisory opinion of the items which should be completed or corrected for purposes of Substantial Completion. Owner’s failure to advise Contractor of any items specified in the Contract Documents shall not alter the Contractor’s responsibility to complete all Work necessary for Substantial Completion in accordance with the Contract Documents. 12.1.2.4 Upon receipt of Owner’s advisory opinion, Contractor shall complete and/or correct all listed items. Contractor shall then submit its request to Owner for another inspection to determine Substantial Completion. Such subsequent inspection or re-inspections to determine if the Work is acceptable for purposes of Substantial Completion shall be made jointly by Owner and Contractor. 12.1.2.5 Prior to the issuance of a Certificate of Substantial Completion by Owner, the parties shall develop a final punch list which must be completed prior to Final Completion. The final punch list shall include the Contractor’s Punch List Items and other incomplete or missing items which Owner elected in its discretion to waive for purposes of Substantial Completion. 12.1.2.6 Immediately prior to the issuance of a Certificate of Substantial Completion, Owner and Contractor shall jointly inspect and document the condition of the Work, or designated portion thereof, at the time of Owner’s initial possession to determine and record its condition. Such inspection and acceptance by Owner shall not, however, alter the Contractor’s responsibility to complete all Work necessary for Final Completion in accordance with the Contract Documents, including items discovered by Owner after Substantial Completion. 12.1.2.7 Owner shall have the final decision as to whether or not Contractor has achieved Substantial Completion. When Owner determines that the Work in its entirety, or a designated portion thereof, is substantially complete and a TCO has been obtained therefor, Owner shall prepare and issue a “Certificate of Substantial Completion,” which shall certify the date of Substantial Completion.

Procedures For Substantial Completion. Procedures to be utilized to determine Substantial Completion of the Work in its entirety, or a designated portion thereof, shall be as follows: 12.1.2.1 Either party may initiate procedures for Substantial Completion of the Work in its entirety or a designated portion thereof, but Owner shall not be required to make a determination and accept partial Substantial Completion unless: (a) specific areas or phases of the Work are designated for partial Substantial Completion by Owner; or (b) Owner assumes physical possession of a portion of the Work solely for purposes of Owner’s 's full use and occupancy. The use or occupancy of a portion of the Work by Owner or its other contractors to inspect and/or correct defective workmanship pursuant to Article 10 of this Agreement or install FF&E or other work shall not be considered as use and occupancy. 12.1.2.2 Unless waived by Owner in writing, Substantial Completion of either the Work in its entirety or a designated portion thereof shall not occur earlier than the date of all designated or required governmental certificates of occupancy and other permits, inspections and certifications for the Project or such portion thereof as the case may be, have been achieved and issued to Owner by the relevant governmental authority, and posted for the Project or such portion thereof, by the relevant governmental authority (provided that a temporary certificate of occupancy (“"TCO”") rather than a permanent certificate of occupancy may have been achieved and issued to Owner, and posted, so long as the obtaining of a temporary, rather than a permanent, certificate of occupancy does not prevent any aspect of the Project from being open to the general public). 12.1.2.3 If Owner or Owner’s 's Lenders disagree that Substantial Completion has been achieved, Owner shall provide the Contractor with an advisory opinion of the items which should be completed or corrected for purposes of Substantial Completion. Owner’s 's failure to advise Contractor of any items specified in the Contract Documents shall not alter the Contractor’s 's responsibility to complete all Work necessary for Substantial Completion in accordance with the Contract Documents. 12.1.2.4 Upon receipt of Owner’s 's advisory opinion, Contractor shall complete and/or correct all listed items. Contractor shall then submit its request to Owner for another inspection to determine Substantial Completion. Such subsequent inspection or re-inspections to determine if the Work is acceptable for purposes of Substantial Completion shall be made jointly by Owner and Contractor. 12.1.2.5 Prior to the issuance of a Certificate of Substantial Completion by Owner, the parties shall develop a final punch list which must be completed prior to Final Completion. The final punch list shall include the Contractor’s 's Punch List Items and other incomplete or missing items which Owner elected in its discretion to waive for purposes of Substantial Completion. 12.1.2.6 Immediately prior to the issuance of a Certificate of Substantial Completion, Owner and Contractor shall jointly inspect and document the condition of the Work, or designated portion thereof, at the time of Owner’s 's initial possession to determine and record its condition. Such inspection and acceptance by Owner shall not, however, alter the Contractor’s 's responsibility to complete all Work necessary for Final Completion in accordance with the Contract Documents, including items discovered by Owner after Substantial Completion. 12.1.2.7 Owner shall have the final decision as to whether or not Contractor has achieved Substantial Completion. When Owner determines that the Work in its entirety, or a designated portion thereof, is substantially complete and a TCO has been obtained therefor, Owner shall prepare and issue a “"Certificate of Substantial Completion,” " which shall certify the date of Substantial Completion.

Procedures For Substantial Completion. Procedures to be utilized to determine Original Project Substantial Completion of the Work in its entirety, or a designated portion thereof, and Expansion Project Substantial Completion shall be as follows: 12.1.2.1 Either party may initiate procedures for Original Project Substantial Completion of the Work in its entirety or a designated portion thereofExpansion Project Substantial Completion, but Owner shall not be required to make a determination and accept partial Original Project Substantial Completion unless: (a) specific areas or phases of the Work are designated for partial Expansion Project Substantial Completion by Owner; or (b) unless Owner assumes accepts physical possession of a such portion of the Work solely Original Project or Expansion Project (as applicable) for purposes of Owner’s full use opening for business to the public (and occupancyupon such opening for business to the public, the Original Project Work or Expansion Project Work with respect to such portion of the Project shall be deemed to have achieved Original Project Substantial Completion or Expansion Project Substantial Completion (as applicable) unless Original Project Substantial Completion or Expansion Project Substantial Completion (as applicable)was determined to have occurred earlier pursuant to the provisions of this Section 12.1.2). The use or occupancy of a portion of the Work Project by Owner Owner, Owner’s Consultants, Owner’s Contractors or its Owner’s other contractors engineers or inspectors to inspect and/or correct defective workmanship pursuant to Article 10 of this Agreement or install FF&E or other work shall not be considered as use and occupancyor occupancy for purposes of opening for business to the public. 12.1.2.2 Unless waived by Owner in writing, neither Original Project Substantial Completion nor Expansion Project Substantial Completion of either the any Work in its entirety or a designated portion thereof shall not occur earlier than the date of all designated or required governmental certificates of occupancy and other permits, inspections and certifications related to the occupancy or safety (as distinguished from gaming and other licenses required for the operation of the business to be conducted therein, which shall remain the sole responsibility of Owner to obtain) of the portion of the Project relating to such Original Project Work or such portion thereof as the case may be, Expansion Project Work have been achieved and issued to Owner by the relevant governmental authority, and posted for the portion of the Original Project or Expansion Project (as applicable) relating to such portion thereofWork, by the relevant governmental authority (provided that a temporary certificate of occupancy (“TCO”) rather than a permanent certificate of occupancy may have been achieved and issued to Owner, and posted, so long as the obtaining of a temporary, rather than a permanent, certificate of occupancy does not prevent any aspect of the portion of the Original Project or Expansion Project relating to such Work from being open to the general public). 12.1.2.3 If Owner or Owner’s Lenders disagree that either Original Project Substantial Completion or Expansion Project Substantial Completion has been achieved, Owner shall provide the Contractor with an advisory opinion of the items which should be completed or corrected for purposes of Original Project Substantial CompletionCompletion or Expansion Project Substantial Completion (as applicable). Owner’s failure to advise Contractor of any items specified in the Contract Documents shall not alter the Contractor’s responsibility to complete all Work necessary for Original Project Substantial Completion or Expansion Project Substantial Completion (as applicable) in accordance with the Contract Documents. 12.1.2.4 Upon receipt of Owner’s advisory opinion, Contractor shall complete and/or correct all listed items. Contractor shall then submit its request to Owner for another inspection to determine Original Project Substantial CompletionCompletion or Expansion Project Substantial Completion (as applicable). Such subsequent inspection or re-inspections to determine if the Work is acceptable for purposes of Original Project Substantial Completion or Expansion Project Substantial Completion (as applicable) shall be made jointly by Owner and Contractor. 12.1.2.5 Prior to By no later than three (3) business days after the respective issuance of a an Original Project Certificate of Substantial Completion and an Expansion Project Certificate of Substantial Completion by Owner, the parties shall develop a final punch list which must be completed prior to the Original Project Final CompletionCompletion and Expansion Project Final Completion (as applicable). The Such final punch list shall include the Contractor’s Punch List Items and other identify any incomplete or missing items (including, but not limited to, the clean up items described in Section 7.15.2) which Owner elected in its discretion to waive for purposes of Original Project Substantial CompletionCompletion or Expansion Project Substantial Completion (the items on such list with respect to the Original Project being, collectively, the “Original Project Punch List Items” and with respect to the Expansion Project being, collectively, the “Expansion Project Punch List Items”). 12.1.2.6 Immediately prior to the issuance of a an Original Project Certificate of Substantial CompletionCompletion or an Expansion Project Certificate of Substantial Completion (as applicable), Owner and Contractor shall jointly inspect and document the condition of the Original Project Work or Expansion Project Work, or designated portion thereofrespectively, at the time of Owner’s initial possession to determine and record its condition. Such inspection and acceptance by Owner shall not, however, alter the Contractor’s responsibility to complete all Work necessary for Original Project Final Completion and Expansion Project Final Completion in accordance with the Contract Documents, including items discovered by Owner after Original Project Substantial Completion or Expansion Project Substantial Completion. 12.1.2.7 Owner shall have the final decision as to whether or not Contractor has achieved Original Project Substantial Completion or Expansion Project Substantial Completion of any portion of the Original Project Work or Expansion Project Work, respectively. When Owner determines that Original Project Substantial Completion has been achieved and a TCO has been obtained therefor, Owner shall prepare and issue an “Original Project Certificate of Substantial Completion,” which shall certify the date of the Original Project Substantial Completion. When Owner determines that the Work in its entirety, or a designated portion thereof, is substantially complete Expansion Project Substantial Completion has been achieved and a TCO has been obtained therefor, Owner shall prepare and issue a “Expansion Project Certificate of Substantial Completion,” which shall certify the date of the Expansion Project Substantial Completion. Upon the issuance of such Original Project Certificate of Substantial Completion or Expansion Project Certificate of Substantial Completion (as applicable) or the opening to the general public of any portion of the Project, the care of and the risk of loss with respect to the portion of the Work for which Original Project Substantial Completion or Expansion Project Substantial Completion has been certified or which has been opened to the general public shall pass to Owner.

Procedures For Substantial Completion. Procedures to be utilized to determine Substantial Completion of the Work in its entirety, or a designated portion thereof, shall be as follows: 12.1.2.1 Either party may initiate procedures for Substantial Completion of the Work in its entirety or a designated portion thereofCompletion, but Owner shall not be required to make a determination and accept partial Substantial Completion unless: (a) specific areas or phases of the Work are designated for partial Substantial Completion by Owner; or (b) unless Owner assumes accepts physical possession of a such portion of the Work solely Project for purposes of Owner’s full use opening for business to the public (and occupancyupon such opening for business to the public, the Work with respect to such portion of the Project shall be deemed to have achieved Substantial Completion unless Substantial Completion was determined to have occurred earlier pursuant to the provisions of this Section 12.1.2). The use or occupancy of a portion of the Work Project by Owner Owner, Owner’s Consultants, Owner’s Contractors or its Owner’s other contractors engineers or inspectors to inspect and/or correct defective workmanship pursuant to Article 10 of this Agreement or install FF&E or other work shall not be considered as use and occupancyor occupancy for purposes of opening for business to the public. 12.1.2.2 Unless waived by Owner in writing, Substantial Completion of either the any Work in its entirety or a designated portion thereof shall not occur earlier than the date of all designated or required governmental certificates of occupancy and other permits, inspections and certifications related to the occupancy or safety (as distinguished from gaming and other licenses required for the operation of the business to be conducted therein, which shall remain the sole responsibility of Owner to obtain) of the portion of the Project or relating to such portion thereof as the case may be, Work have been achieved and issued to Owner by the relevant governmental authority, and posted for the portion of the Project or relating to such portion thereofWork, by the relevant governmental authority (provided that a temporary certificate of occupancy (“TCO”) rather than a permanent certificate of occupancy may have been achieved and issued to Owner, and posted, so long as the obtaining of a temporary, rather than a permanent, certificate of occupancy does not prevent any aspect of the portion of the Project relating to such Work from being open to the general public). 12.1.2.3 If Owner or Owner’s Lenders disagree that Substantial Completion has been achieved, Owner shall provide the Contractor with an advisory opinion of the items which should be completed or corrected for purposes of Substantial Completion. Owner’s failure to advise Contractor of any items specified in the Contract Documents shall not alter the Contractor’s responsibility to complete all Work necessary for Substantial Completion in accordance with the Contract Documents. 12.1.2.4 Upon receipt of Owner’s advisory opinion, Contractor shall complete and/or correct all listed items. Contractor shall then submit its request to Owner for another inspection to determine Substantial Completion. Such subsequent inspection or re-inspections to determine if the Work is acceptable for purposes of Substantial Completion shall be made jointly by Owner and Contractor. 12.1.2.5 Prior to By no later than three (3) business days after the issuance of a Certificate of Substantial Completion by Owner, the parties shall develop a final punch list which must be completed prior to Final Completion. The Such final punch list shall include the Contractor’s Punch List Items and other identify any incomplete or missing items (including, but not limited to, the clean up items described in Section 7.15.2) which Owner elected in its discretion to waive for purposes of Substantial CompletionCompletion (the items on such list being, collectively, the “Punch List Items”). 12.1.2.6 Immediately prior to the issuance of a Certificate of Substantial Completion, Owner and Contractor shall jointly inspect and document the condition of the Work, or designated portion thereof, Work at the time of Owner’s initial possession to determine and record its condition. Such inspection and acceptance by Owner shall not, however, alter the Contractor’s responsibility to complete all Work necessary for Final Completion in accordance with the Contract Documents, including items discovered by Owner after Substantial Completion. 12.1.2.7 Owner shall have the final decision as to whether or not Contractor has achieved Substantial CompletionCompletion of any portion of the Work. When Owner determines that the Work in its entirety, or a designated portion thereof, is substantially complete Substantial Completion has been achieved and a TCO has been obtained therefor, Owner shall prepare and issue a “Certificate of Substantial Completion,” which shall certify the date of Substantial Completion. Upon the issuance of such Certificate of Substantial Completion or the opening to the general public of any portion of the Project, the care of and the risk of loss with respect to the portion of the Work for which Substantial Completion has been certified or which has been opened to the general public shall pass to Owner.