Taking Over. 56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a certificate of Completion.
Taking Over. If the Party having the primary right to enforce its rights against such Third Party Infringement pursuant to Sections 10.1.2 or 10.1.3, respectively, elects not to enforce its rights against such Third Party Infringement or not to further pursue the enforcement of its rights, such Party shall notify the other Party of such decision as soon as reasonably practicable and in any event within [*****] after receipt of the Third Party Infringement notice or after the decision not to further pursue the enforcement of its rights. If after the expiry of the [*****] period (or, if earlier, the date upon which the Party which has the primary right to enforce its rights against such Third Party Infringement provides written notice that it has decided not to or to no longer enforce its rights against such Third Party Infringement), the Party which has the primary right to enforce its rights against such Third Party Infringement has neither obtained a discontinuance of the Third Party Infringement, nor filed suit with regard to such Third Party Infringement, then the other Party shall have the right, but not the obligation, to take action or bring suit with respect to such Third Party Infringement at its own expense.
Taking Over. Certificate
Taking Over. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over of Parts of the Works Certificate for any part of the Permanent Works.
(a) the part which is used shall be deemed to have been taken over as from the date on which it is used,
(b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer, and
(c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, other than such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to payment of any such Cost plus reasonable profit, which shall be included In the Contract Price After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this Cost and profit. If a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced For any period of delay after the date stated in this Taking- Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section (as the case may be ) as a whole. The Engineer shall proceed in accordance with Sub- Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub- Clause 8.7 (Delay Damages), and shall not affect the maximum amount of these damages. General Conditions 33
Taking Over. Upon the successful completion of all the tests to be conducted at site on the materials/items executed by the contractor, the Architect/Consultant shall issue a recommendation letter to the Bank confirming that the interiors is ready to be taken over by the Bank. Issuance of such recommendation letter for taking over shall not relieve the contractor of any of his obligations under the terms and conditions of contract.
Taking Over. 18.1. The VPN Part of the System shall be taken over and a Taking-Over-Certificate shall be issued by the Purchaser, when it has successfully passed the Acceptance Tests.
18.2. The PPS Part of the System shall be taken over and a Taking-Over-Certificate shall be issued by the Purchaser when it has successfully passed the PPS Acceptance Tests.
18.3. Taking-Over Certificate shall be issued by the Purchaser not later than the second Business day following the day when the Acceptance Tests and/or PPS Acceptance Test has been successfully passed and delivered to the Supplier the same day. The period between the announcement for Ready for Acceptance Tests and Issuance of Taking Over Certificate shall be 6 weeks in principal, however, in no case shall exceed 3 months.
18.4. The Purchaser shall not commercially use any Part of the System before a Taking-Over Certificate has been issued in respect thereof. . -------------------------------------------------------------------------------- EuroTel Bratislava Page 32 of 59 Siemens 13 august-2001 > The Purchaser is allowed to use both Parts of the System for the business simulations which use shall not be deemed as a (i) beginning of the commercial use of the respective Part of the System, Service and Functionalities and/or (ii) Taking over of the System or respective Part of the System. Any Part of the System shall not be deemed taken over unless it is supplied in a manner that all of the Service and Functionalities operate in compliance with the operation description set forth in this Contract.
Taking Over. The Second Party shall provide services for minimum thirty workingdays or maximum sixty days beyond the date of expiry of the contract without any extra cost so that all the equipment under maintenance contract is handed over to the next contractor. The second party shall undertake to declare that it has taken over and inspected all the computer hardware covered under AMC as per Annexure-A. Any equipment not made available in working condition on the last working day of the contract period shall be rectified/ repaired by the Second Party within the next ten working days failing which the equipment shall be rectified from alternative sources and the cost thereof shall be deducted from the last/ final CAMC payment.
Taking Over. The work shall be taken over by WBPDCL upon successful completion of work at site(s) and observing performance of the power plant for at least 30 days in accordance with provision of this work. During handing over of the complete project work, the contractor will submit the followings in Six (06) sets for considering final payment.
a) All As-Built Drawings & Design of the power plant
b) Detailed Engineering Document with detailed specification, schematic drawing, Design and test results, manuals for all deliverable major items, Operation, Maintenance & Safety Instruction Manual and other information about the project c) Bill of materials
Taking Over. 8.1 The Contractor may notify the Employer when the Works are considered to be complete.
8.2 The Employer shall notify the Contractor when he considers that the Contractor has completed the Works and stating the date accordingly. Alternatively the Employer may notify the Contractor that the Works, although not fully complete, are ready for taking over, stating the date accordingly. The Contractor shall promptly complete any outstanding work.
Taking Over. Such Taking-over shall not operate as an admission that the Works have been Completed in every respect, and the items detailed in any exception list generated by the Engineer shall be completed by Contractor with all possible speed. Taking-over shall be subject to Contractor having fulfilled its obligations under clause 3.0 hereof and having left the Site in a clean and tidy condition, with all rubbish, Construction Equipment and surplus Material cleared away from ALCONCP premises.
