Project Substantial Completion. Subject to Section 11.3, Contractor shall achieve substantial completion of the Project (“Project Substantial Completion”), which shall include achievement of Commissioning and Turnover of Electrical Works and WTG Mechanical Completion with respect to all WTGs and all WTGs have been commissioned in accordance with the Commissioning Test and Inspection Procedures and all requirements set forth therein have been met or exceeded and a corresponding WTG Commissioning and Turnover Certificate has been delivered (subject to adjustment in the event Contractor exercises its Buy-Back Right pursuant to Section 11.3), and the following other items:
6.5.1 Contractor has delivered to Owner, and Owner has accepted, a WTG Substantial Completion Certificate for each WTG;
6.5.2 the requirements set forth in the Commissioning Test and Inspection Procedures have been met or exceeded;
6.5.3 the requirements necessary to achieve Project Substantial Completion that are set forth in all Permits have been met;
6.5.4 Contractor has completed all of the Work for all of the Infrastructure Facilities and has delivered to Owner copies of the test reports and electrical schematics related to Infrastructure Facilities;
6.5.5 Contractor has delivered to Owner the draft O&M Manuals for equipment provided by Contractor or Subcontractors located within, and not limited to, the Collection Substation, O&M Building, Collection System and Federal Aviation Administration lighting, as applicable;
6.5.6 Contractor has prepared and submitted to Owner the final and complete list of Punch List Items;
6.5.7 Contractor has delivered copies of the draft Turnover Packages and O&M Manuals that are required by Section 2.11;
6.5.8 drafts or red-lines of As-Built Drawings and Documentation shall have been delivered to and accepted by Owner in accordance with Section 2.5.5;
6.5.9 Contractor has delivered to Owner all interim or progress payment Partial Lien Waivers or final payment Final Lien Waivers, as the case may be, from all Major Subcontractors for Work completed through such date;
6.5.10 all quality assurance documentation has been provided, received, and reviewed, and approved by Owner in accordance with the Project Quality Assurance Plan and all non-conforming quality assurance issues have been resolved in accordance with the Project Quality Assurance Plan;
6.5.11 Owner has accepted a Project Substantial Completion Certificate;
6.5.12 All Warranty Parts Inventory and any other All Spare Parts that Ow...
Project Substantial Completion. Subject to Section 12.8, “Project Substantial Completion” shall occur only if the requirements described in the definition of “Project Substantial Completion” are met and all of the following have occurred: 38
Project Substantial Completion. Substantial Completion of the Project shall occur upon the date (the "Project Substantial Completion Date") (i) in which all of the WTGs at Site have achieved WTG Substantial Completion ("Project Substantial Completion"), (ii) receipt by Owner of a conditional waiver and release, in the form specified in Exhibit K, upon progress payment of all liens, security interests or encumbrances that Seller or any of its subcontractors may have against Owner, the Project and the Site, to the extent that payments have been received by Seller for Wind Turbine Work performed and goods furnished; provided, however, in the event less than ten (10) percent of WTGs are delayed for more than fourteen (14) days in achieving WTG Substantial Completion for any reason (the "Delayed WTGs"), the Project Substantial Completion Date shall be the date of WTG Substantial Completion of the last of the WTGs which are not delayed; provided, however, that the Parties agree to use commercially reasonable efforts to achieve WTG Substantial Completion for the Delayed WTGs concurrently; and provided, further, in the event ten (10) percent or more WTGs are materially delayed in achieving WTG Substantial Completion for any reason, the Parties shall use commercially reasonable efforts to achieve WTG Substantial Completion for such WTGs concurrently and shall make equitable accommodation to reflect the same in the provision of Warranty, Major Defect and Availability Guaranty and in the Service Agreement with respect to Quarterly Fees. Notwithstanding the foregoing, in the event that any WTG has achieved Commissioning, then Owner shall have the option to operate (for commercial purposes) such WTG provided that Owner provides written notice to Seller identifying the WTG(s) which it intends to operate. Owner acknowledges that any WTG which it operates for commercial purposes prior to Project Substantial Completion shall not qualify for the Warranty, Major Defect and Availability Guaranty provisions set forth in Articles 10 and 11 and shall instead be subject solely to special warranty provisions set forth in the Service Agreement.
(A) Seller shall give Owner written notice at least ten (10) Business Days prior to the date by which Seller expects that it will achieve Project Substantial Completion and shall provide on such date the written Punch List. The Punch List shall not exceed the amount equal to $*** multiplied by the number of WTGs in the aggregate (on a Project by Project basis) on the date ...
Project Substantial Completion. Developer shall exercise its reasonable best efforts to achieve Project Substantial Completion on or before the Scheduled Project Substantial Completion Date. A failure by Developer to achieve Project Substantial Completion by the Scheduled Project Substantial Completion Date shall not, in and of itself, constitute a Developer Default, but a failure by Developer to achieve Project Substantial Completion by the Project Substantial Completion Long Stop Date is a Developer Default under Section 20.1.1.15.
Project Substantial Completion
