PROVISIONAL ACCEPTANCE a. If at the delivery date stated herein the supplies are not complete or otherwise are not in conformity with the requirements of this Order, Buyer may, nevertheless, direct their delivery and may provisionally accept them upon such inspection of the supplies as Buyer shall deem appropriate. Provisionally accepted supplies shall be completed or otherwise brought into conformity with Order requirements by Seller at Seller's expense and as directed by Buyer. Alternatively, Buyer may elect to either perform such work at Seller's expense or to retain the non-conforming supplies, in which event the price shall be equitably reduced.
b. If supplies are otherwise ready for delivery hereunder prior to completion of the qualification tests required by this order or by any prior order with Seller for supplies of the type to be delivered hereunder, Buyer may nevertheless direct the Seller to deliver such supplies and may provisionally accept such supplies upon (1) satisfactory completion by Seller of the acceptance tests for the supplies concerned, and (2) such other inspection of the supplies as Buyer may deem appropriate. In the event that supplies have been provisionally accepted hereunder, Seller shall, as a condition precedent to final acceptance, be obligated to complete such qualification tests successfully and to incorporate in all such supplies at no increase in Order price, (1) all corrections of a type required to pass qualification tests, and (2) replacement for non-approved, non-standard parts.
c. Pending final acceptance of supplies which have been provisionally accepted, Buyer may, in his/her discretion, withhold such portion of the Order price as may be appropriate.
d. Nothing in this clause shall affect the Seller's obligation under other clauses of this Order.
PROVISIONAL ACCEPTANCE. Provisional Acceptance shall occur upon successful completion of all Work except for; (i) completion of the punch list, (ii) delivery of as‐builts and, (iii) completion of the applicable Performance Test(s).
PROVISIONAL ACCEPTANCE. 1. The Certificate of Provisional Acceptance may have annexed to it a list of all outstanding Work to be completed and deficiencies to be corrected by the Contractor in accordance with this Contract. The Contractor shall, at its expense and as soon as reasonably practicable, correct such deficiencies and complete the Work indicated on all such listed items so as to comply with the requirements of this Contract, provided that the Purchaser allows Contractor the necessary access to the Segment(s) as the Contractor reasonably needs and as allowed under the Permits and Landing Licenses to correct such deficiencies and complete the Work. The Contractor shall give the Purchaser reasonable notice of its requirement for such access. Notwithstanding the above, provided that Contractor has been allowed access to the Segment(s) as required in Sub-Article 9(A)(2), the Contractor shall continue to carry the risk of loss for any deficient Supply and Work until such deficiency is no longer outstanding.
PROVISIONAL ACCEPTANCE. Following satisfactory completion of all tests and trials, correction of all "punch list" deficiencies, and receipt of all contract deliverables, the vessel will be provisionally accepted at the shipyard. Departure and delivery of the vessel may not be started until provisional acceptance of the vessel has been made. Payment of the full contract amount, less retainage and any liquidated damages, will be made in accordance with DFARS 252.217-7007, Payments clause.
PROVISIONAL ACCEPTANCE. Acceptance of sections of the works for purposes of equipment erection, piping, electrical work and similar usages by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion of this contract and shall not be construed so as to prevent the Engineer from requiring replacement of defective work that may become apparent after the said acceptance and also shall not absolve the Contractor of the obligations under this contract. It is made clear that such an acceptance does not indicate or denote or establish to the fact of execution of that work or the Contract until the work is completed in full in accordance with the provisions of this Contract.
PROVISIONAL ACCEPTANCE. Provisional Acceptance shall be achieved hereunder with respect to the Facility, if the following conditions have been met:
(a) Contractor has caused a Completed Performance Test in accordance with Section 6.2 hereof to be concluded in which the Facility, while operating on Gas, demonstrates during such Performance Test an average net electrical output and a net heat rate (each as measured and corrected to the design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) of 95% (or higher) of the Gas-based Electrical Output Guarantee and 108% (or lower) of the Gas-based Heat Rate Guarantee (provided that each such level of achievement shall be calculated in the manner described in Sections 8.1.1 and 8.1.2 hereof, respectively); provided, however, that if any correction, repair or replacement work has been required to be made to the Facility pursuant to Article 10 hereof or if Contractor has made any modifications to the Facility, in either case since the date of such Completed Performance Test, which work or modifications could reasonably be expected to adversely affect the performance of the Facility, then Owner may require Contractor to conduct another Completed Performance Test on the Facility in accordance with Section 6.2 hereof, which Completed Performance Test shall be utilized for purposes of this Section 6.3(a);
(b) Contractor has caused a Completed PPA Output Test in accordance with Section 6.2 hereof to be concluded in which the Facility demonstrates (i) a level of achievement of 95% (or higher) of the Gas-based Electrical Output Guarantee, while operating on Gas (with such level of achievement to be calculated in the manner set forth in Part B of Appendix D hereto), and (ii) to the Utility's reasonable satisfaction, the other capabilities required to be so demonstrated pursuant to Part B of Appendix B hereto; and
(c) The Facility has achieved, and continues to satisfy the requirements for the achievement of, Mechanical Completion.
PROVISIONAL ACCEPTANCE. The issuance of a certificate of Provisional Acceptance shall be that of Segment S pursuant to the terms and conditions set forth in the Supply Contract.
PROVISIONAL ACCEPTANCE. All students, high school and currently matriculated, must be approved by both LECOM and University of Pittsburgh - Bradford's Health Professions Program Committee to receive a provisional letter of acceptance.
PROVISIONAL ACCEPTANCE. (a) The Certificate of Provisional Acceptance may have annexed to it a list of any items agreed to be completed under the Construction Agreement which are still outstanding and are to be corrected by HUBCO (such list a "Punch List").
(b) HUBCO shall, as soon as reasonably practicable, correct, at its sole cost and expense (such costs and expenses to be included in Total Project Costs), such Deficiencies and complete --------------------- *: THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. the Work indicated so as to comply in all material respects with the requirements of this Agreement, PROVIDED Strategic Anchor Tenant allows HUBCO the necessary access to the Space as HUBCO needs to correct such Deficiencies and complete the Work. HUBCO shall give Strategic Anchor Tenant reasonable notice of its requirement for such access.
PROVISIONAL ACCEPTANCE. 6.2.1.1 The System, Phase 1 and Phase 2 shall be provisionally accepted and a certificate therefor promptly issued when:
6.2.1.1.1 the commission results of Annex 10 of Section 1 to Annex 4 hereof indicate conformance of the relevant Phase ; and
6.2.1.1.2 in the case of the System, the Supplier has carried out the Work required by this Contract (other than minor deficiencies, which will not affect the operation and maintenance of the System in accordance with Annex 4).
6.2.1.1.3 The Certificate of Provisional Acceptance shall bear the actual date the System or relevant Phase, as appropriate, is Ready for Provisional Acceptance, which shall be the date when Articles 6.2.1.1.1
