Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.
Substantial Performance. The Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification thereof. The parties to the Agreement agree that all terms and conditions to the Agreement are essential.
Substantial Performance. This Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.
Substantial Performance. D15.1 The Contractor shall achieve Substantial Performance within thirty (30) consecutive Working Days of the commencement of the Work as specified in D14.
Substantial Performance. 23.1 PEDB will determine and certify the date of Substantial Performance of the Project and the date of Substantial Performance of each of the construction Contracts. PEDB will prepare for each Contract a deficiency list of incomplete or unsatisfactory items and a schedule for their completion. PEDB will monitor and review the correction and completion by the Contractors of all defects and deficiencies on their respective deficiency lists.
Substantial Performance. The Contractor acknowledges and agrees that achievement of Substantial Performance on or before the Guaranteed Substantial Performance Date to be of critical importance to the Owner.
Substantial Performance. This License shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.
Substantial Performance. When the Contractor believes that it has achieved Substantial Performance, the Contractor shall submit written notice (the “Contractor Substantial Performance Notice”) to the Owner so certifying such event (which notice shall be accompanied by a report as to the results of the Site Acceptance Test any other information deemed reasonably necessary by the Contractor and a proposed Punch List) and certifying as to the items required by the definition of Substantial Performance, such certification of the items required by the definition of Substantial Performance to be in the form attached hereto as Schedule 4. Immediately thereafter, the Owner shall conduct those investigations and inspections as it deems necessary or appropriate to determine if Substantial Performance has in fact been achieved. The Contractor shall furnish to the Owner any additional supporting information reasonably requested by the Owner. In the event that Owner determines that Substantial Performance has not been achieved, it shall within ten (10) Working Days of receipt of Contractor’s notice by the Owner state the reasons therefor and/or provide comments to the proposed Punch List. In the event that Owner determines that Substantial Performance has been achieved, it shall within fifteen (15) Working Days after the receipt of the Contractor’s notice by the Owner notify the Contractor that Substantial Performance has been achieved by providing a notice substantially in the form of the notice attached hereto as Schedule 15. In the event that the Owner provides written notice that Substantial Performance has been achieved (the “Owner Substantial Performance Notice”), the Contractor and the Owner shall execute a “Certificate of Substantial Performance” establishing and identifying the “Substantial Performance Date” as the date on which the Contractor delivered the final Contractor Substantial Performance Notice. In the event that the Owner provides written notice that Substantial Performance has not been achieved, the Contractor shall, at its sole cost and expense, immediately correct and/or remedy the defects, deficiencies and other conditions in the Work which so prevent Substantial Performance. Upon completion of any such corrective and/or remedial actions and upon not less than five (5) Working Days prior written Notice to the Owner, the Contractor shall re- perform the Site Acceptance Test as provided in Section 12.1.
Substantial Performance. [ OMITTED – NOT APPLICABLE] 2.42. Taxes. [OMITTED – NOT APPLICABLE]
Substantial Performance. Upon request by the Contractor for certification of substantial performance of the Work, the Ministry Representative or Inspector shall inspect the Work. The Ministry Representative shall, upon inspection, issue a certificate for substantial performance of the Work if ALL the following conditions are met:
(a) the Work is being used for the purpose intended or is ready for use without any deficiencies affecting the safety of those using or likely to use the Work; and
(b) the Contractor is not in breach of any term of the Agreement. The certification of substantial performance of the Work shall describe the parts of the Work not completed to the satisfaction of the Ministry Representative and all things that must be done before the Ministry Representative will certify Total Performance of the Work. If because of climatic or other conditions reasonably beyond the control of the Contractor there are items of the Work that cannot be performed, payment in full for work which has been performed as certified by the Ministry Representative shall not be withheld or delayed by the Province on account thereof, but the Province may withhold until the remaining work is finished, such monies as the Ministry Representative determines are sufficient and reasonable to cover the cost of performing such remaining work and to adequately protect the Province from claims.
