Substantial Completion of the Project. As soon as practicable (however, in no event to exceed six (6) calendar months) after the Substantial Completion of the Project, the Lessee shall furnish to the Lessor Representative:
(i) one complete set of final "as-built" Plans and Specifications of the completed Project in digital auto-CAD format;
(ii) a current, accurate, properly labeled, and certified (by the hereafter stated surveyor or engineer), "as-built" plat of survey prepared by a Florida registered land surveyor or professional engineer depicting to scale the location of the completed Project, as the same have been constructed; and
(iii) one complete set of operations and maintenance manuals for all systems, equipment, furniture, and fixtures relating to the Project of the Project; and
(iv) any other documentation that may be required pursuant to the City Development Agreement.
Substantial Completion of the Project. Upon Substantial Completion (as hereinafter defined) of Construction of the Project, Developer shall provide written notice to LAUSD and LAUSD shall have the right, but not the obligation, to timely conduct an inspection to confirm Substantial Completion of the Project. For purpose of this Agreement, "Substantial Completion" or "
Substantial Completion of the Project. ESCO will issue Customer a Substantial Completion Letter upon achieving Substantial Completion of the Project (the “Project Substantial Completion Letter”). Promptly following ESCO’s delivery of a Project Substantial Completion Letter, the parties shall schedule a walk-through to compile a list of Punch List Items that remain to be completed, if any.
Substantial Completion of the Project. “Substantial Completion of the Project” means that each of the following events shall have occurred with respect to the Project:
Substantial Completion of the Project. When Design-Builder believes that Substantial Completion of the entire Project, or a designated part thereof, has been achieved, it shall notify Owner’s Representative in writing and request an inspection for certification of Substantial Completion. Design-Builder shall thereafter meet on site with Owner’s Representative to determine whether Substantial Completion of the Project, or the designated part thereof, has in fact been achieved. Design-Builder’s written request for such inspection shall constitute a representation by Design-Builder to the Owner that Design-Builder has made all inspections of the Work required by the Contract Documents and that, to the best of Design- Builder’s information and knowledge, the Work has been performed in compliance with, and the quality of the Work meets or exceeds the requirements of, the Contract Documents. If Owner’s Representative agrees that Substantial Completion of the Project, or the designated part thereof, has been achieved, the Owner shall execute a Certificate of Substantial Completion. If Owner’s Representative, upon inspection, concludes that Substantial Completion has not been achieved from the fault of the Design-Builder, Subcontractors, and/or any agents thereof and that re- inspection will be necessary, Design-Builder shall bear all costs of same without adjustment to the Guaranteed Maximum Price.
Substantial Completion of the Project. 6.6.1 Substantial Completion of the Project shall be achieved hereunder if and only if:
(i) Contractor has concluded a Performance Test in which the Project demonstrates a level of achievement deemed satisfactory in accordance with the Performance Testing and Commissioning Plan and Program;
(ii) Contractor has performed all of the Work required by the Contract Documents, except for any remaining items listed in Concessionaire’s Punch List;
(iii) All equipment and facilities necessary for the full, safe and continuously reliable operation of the Project have been properly constructed, installed, insulated and protected where required for such operation, and correctly adjusted;
(iv) The Project is fully capable of operation accordance with the Contract Documents; and
(v) All quality management documentation has been provided to and reviewed by Concessionaire in accordance with the Quality Management System Plan, all quality management issues have been resolved, and Contractor has provided final design and construction documents as required under Section 7.14(a) of the Comprehensive Agreement;
(vi) Contractor has delivered either (i) (A) an interim lien waiver, in the form of Exhibit D hereto, of Contractor's lien claims to the extent of most recent payment received by Contractor and (B) interim lien waivers, in form of Exhibit E hereto, from each Subcontractor with a Subcontract in excess of $50,000, to the extent of most recent payment received by such Contractor, as are necessary to support Contractor's certificate (or solely in the case of vendors providing materials or equipment valued at less than $50,000 in the aggregate, other evidence reasonably satisfactory to Concessionaire demonstrating that such vendor has waived or is not entitled to place any lien on any part of the Project or the Project Right of Way); or (ii) written evidence of posting of a bond by Contractor in the amount equal to the aggregate of amounts of all liens on any part of the Project or the Project Right of Way that remain outstanding as of the date of Substantial Completion (or, if earlier, the date of the most recent payment to Contractor);
Substantial Completion of the Project. Developers agrees that it will cause the Substantial Completion of the Project and of all of the Improvements and the Work to be performed hereunder on or before the Substantial Completion Date, except for Force Majeure events as set forth in Article 17.0 of EXHIBIT B. If Developers fails to achieve Substantial Completion by the Substantial Completion Date, the Developers shall be in Default under this Agreement unless the Developers extends the Substantial Completion Date in strict accordance with Articles 30.1(d) or 17.3 of EXHIBIT B hereto.
Substantial Completion of the Project. Grantee shall use commercially reasonable best efforts to ensure the Project achieves Substantial Completion (as defined below) on or before . For purposes of this Agreement, “Substantial Completion” means
(a) If the Project (or portion thereof) entails construction, the date when the work constituting the Project, as certified in writing by the Grantee and the lead Consultant (i.e., the “architect of record” or the “engineer of record,” as the case may be), if any, has been developed, designed, engineered and constructed in accordance with the applicable contract documents such that all conditions of permits and regulatory agencies have been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for the uses and purposes intended by the Grantee, without material interference from incomplete or improperly completed work and with only minor punch list items remaining to be completed, all as reasonably determined by the Consultant, and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction (if applicable); (2) the issuance of a Certificate of Substantial Completion by the lead Consultant for any portion of the Project for which a Consultant was engaged; and/or (3) such other documentation as the City Manager may reasonably request as evidence that the Project has achieved Substantial Completion.
(b) if the Project (or portion thereof) entails the purchase of equipment, the date that such equipment has been installed in accordance with all applicable manufacturer instructions and building codes such that the Grantee will be able to use such equipment for its intended purpose(s). On or before the Substantial Completion date of the Project, Grantee shall submit to the City:
i. applicable contract documents relating to the Project (or portion thereof);
ii. copies of all agreements, permits, and licenses, and all insurance policies or certificates, if any, pertaining to the Project (or portion thereof);
iii. all manufacturers, suppliers' and subcontractors' warranties duly assigned to Grantee (the "Warranties), and all maintenance and operating instructions pertaining to the completed work; including the standard manufacturer's warranty for all fixtures and equipment purchased in relation to the Project (or portion thereof) and a minimum one (1) year warranty for all work contracted or associated with the Project;
iv. bills of sale, purchase documenta...
Substantial Completion of the Project. Upon Substantial Completion (as hereinafter defined) of Construction of the Project, Developer shall provide written notice to LAUSD and LAUSD shall have the right, but not the obligation, to timely conduct an inspection to confirm Substantial Completion of the Project. For purpose of this Agreement, "Substantial Completion" or "Substantially Completed" shall mean that the applicable portion of the Project is physically and functionally complete in all material respects, in accordance with the applicable portions of the Construction Plans and all applicable laws, rules and regulations, except for any items that are unfinished, deficient or require correction in order to conform with the Construction Plans in all material respects (the "Punch List Items").
Substantial Completion of the Project a. When the Contractor considers that the Work is substantially complete, they will notify the University and the Professional that the Work is ready for the substantial completion Review. Upon receipt of such notification, the Professional shall coordinate with the University and the Contractor a date for the official examination of the Work.
b. At or prior to the substantial completion Review, the Contractor will prepare and furnish to the Professional a Declaration of Substantial Completion (AIA G704), which the Professional shall review for completeness.
c. At the substantial completion review, the Professional shall;
(i) examine the Work;
(ii) provide to the Contractor, the Professional’s project punch list, which includes the University’s punch list items;
(iii) verify that the University has received from the Contractor the Contractors “as built” markups, final shop drawings, operation and maintance manuals and any other items identified in the ” Contract documents, and,
(iv) determine, in consultation with the University, whether the Work is substantially complete.
d. If the Work is determined not to be substantially complete, the process shall be repeated until the Work is substantially complete. When the University, the Contractor and the Professional agree that the work is substantially complete, they shall each sign the Declaration of Substantial Completion.
e. Within the time stated for completion or correction of the list of items included with the Declaration of Substantial Completion, the Professional shall:
(i) secure from the Contractor all keys, manuals, required maintenance stocks, guaranties, warranties, affidavits, releases, bonds, waivers, permits, as-built and record drawings and markups, and other documents necessary for close-out of the Work, including the Certificate of Occupancy;
(ii) obtain, review and determine the completeness of all close-out documents, and shall immediately inform the Contractor about any deficiencies; and,
(iii) meet with the University’s representative(s) to familiarize and train them with respect to maintenance and use of the Project.
