Common use of Withholding of Completion Certificate Clause in Contracts

Withholding of Completion Certificate. 14.4.1 If the Independent Engineer determines that the Mines and Equipment or any part thereof do not conform to the provisions of this Agreement, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Mine Operator. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Mines and Equipment are not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Mine Operator of the defects and deficiencies in the Mines and Equipment and direct the Independent Engineer to withhold issuance of the Completion Certificate, as the case may be. Upon receipt of such notice, the Mine Operator shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. 14.4.2 Notwithstanding anything to the contrary contained in Clause 14.4.1, the Authority may, at any time after receiving a report from the Independent Engineer under that Xxxxxx, direct the Independent Engineer to issue a Completion Certificate under Clause 14.3, and such direction shall be complied forthwith.

Withholding of Completion Certificate. 14.4.1 14.3.1 If the Independent Engineer determines that the Mines and Equipment Residential Property or any part thereof do does not conform to the provisions of this AgreementAgreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority SH&DB and the Mine OperatorDeveloper. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority SH&DB is of the opinion that the Mines and Equipment are Residential Property is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Mine Operator Developer of the defects and deficiencies in the Mines and Equipment Residential Property and direct the Independent Engineer to withhold issuance of the Completion Certificate, as the case may be. Upon receipt of such notice, the Mine Operator Developer shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. 14.4.2 14.3.2 Notwithstanding anything to the contrary contained in Clause 14.4.114.3.1, the Authority SH&DB may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause 14.3.1, direct the Independent Engineer to issue a Completion Certificate under Clause 14.3, and such direction shall be complied forthwith.

Withholding of Completion Certificate. 14.4.1 14.3.1 If the Independent Engineer determines that the Mines and Equipment Residential Property or any part thereof do does not conform to the provisions of this AgreementAgreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority SH&DB and the Mine OperatorDEVELOPER. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority SH&DB is of the opinion that the Mines and Equipment are Residential Property is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Mine Operator DEVELOPER of the defects and deficiencies in the Mines and Equipment Residential Property and direct the Independent Engineer to withhold issuance of the Completion Certificate, as the case may be. Upon receipt of such notice, the Mine Operator DEVELOPER shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. 14.1 Such procedure shall be repeated as necessary until the defects or deficiencies are rectified. 14.4.2 14.3.2 Notwithstanding anything to the contrary contained in Clause 14.4.114.3.1, the Authority SH&DB may, at any time after receiving a report from the Independent Engineer under that XxxxxxClause 14.3.1, direct the Independent Engineer to issue a Completion Certificate under Clause 14.3, Certificate/partial completion certificate and such direction shall be complied forthwith.