Deemed Taking Over Sample Clauses
The 'Deemed Taking Over' clause defines the circumstances under which a project or work is considered officially handed over to the client, even if formal acceptance procedures have not been completed. Typically, this clause applies when the client begins using the works, or when a specified period has passed after the contractor notifies the client of completion without any objections raised. Its core function is to prevent unnecessary delays in project closure by establishing a clear point at which responsibility and risk transfer to the client, even in the absence of formal documentation.
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Deemed Taking Over. If the Contractor shall be prevented from carrying out Tests on Completion as mentioned in Clause 31.1 and such prevention shall continue for a period of 10 (ten) days or more, the Contractor may by written notice to the Engineer (with a copy to the Purchaser), require him to give notice to proceed within 3 (three) days. If notice to proceed is not given within that time the Contractor may by further written notice to the Engineer (with a copy to the Purchaser), require that this Clause shall have effect, in which case, unless in the meantime the Works are in the opinion of the Engineer not substantially in accordance with the Contract, the Purchaser shall be deemed to have elected to declare Final Performance Acceptance of the Plant, and taken over the Works or the relevant section and the Engineer shall, upon the application of the Contractor, issue a Taking Over Certificate accordingly.