Common use of Re-Submission Clause in Contracts

Re-Submission. In the event Owner determines that Interim Acceptance has not been achieved, Contractor shall promptly take such action or perform such additional Services as will achieve Interim Acceptance and, if Contractor believes that Interim Acceptance of the Facility has been achieved, shall issue to Owner another Notice of Interim Acceptance pursuant to Section 6.4.1 hereof. Unless Final Acceptance of the Facility shall have previously occurred, such procedure shall be repeated as necessary until Interim Acceptance of the Facility has been achieved; provided, however, that Owner shall respond to Contractor no later than three (3) days (or such shorter period as may be practicable with the Owner's use of all reasonable efforts) following receipt of any re-submitted Notice of Interim Acceptance.

Appears in 3 contracts

Samples: Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC)

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Re-Submission. In the event Owner determines that Interim Provisional Acceptance has not been achieved, Contractor shall promptly take such action or perform such additional Services as will achieve Interim Provisional Acceptance and, if Contractor believes that Interim Provisional Acceptance of the Facility has been achieved, shall issue to Owner another Notice of Interim Provisional Acceptance pursuant to Section 6.4.1 6.3.1 hereof. Unless Interim Acceptance or Final Acceptance of the Facility shall have previously occurred, such procedure shall be repeated as necessary until Interim Provisional Acceptance of the Facility has been achieved; provided, however, that Owner shall respond to Contractor no later than three (3) days (or such shorter period as may be practicable with the Owner's use of all reasonable efforts) following receipt of any re-submitted Notice of Interim Provisional Acceptance.

Appears in 3 contracts

Samples: Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC)

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