DELIVERY, INSTALLATION, ACCESS AND SUBSTANTIAL COMPLETION Sample Clauses

DELIVERY, INSTALLATION, ACCESS AND SUBSTANTIAL COMPLETION. The Lessor shall cause the Leased Property to be delivered, unloaded, assembled, and installed on Xxxxxx’s Facility. Lessee hereby grants to Lessor a full and unrestricted right of entry and access (including all weather access) to Lessee’s Facility for the purposes set forth in this Agreement. Lessor shall be responsible for the work set forth on Exhibit B attached and incorporated herein by reference (the “Lessor’s Work”). Lessor’s Work shall be considered complete once Lessor’s Work is substantially complete in accordance with the scope of Lessor’s Work, which may occur before final engineer certification and commencement of operations (“Substantial Completion”). Lessor’s engineer (“Lessor’s Engineer”) will certify Substantial Completion of Lessor’s Work by written notice to Xxxxxx. Lessee may engage an engineer (the “Lessee’s Engineer”), at its cost, to inspect the Leased Property and confirm Substantial Completion, which confirmation shall be provided within five (5) days following Lessor’s Engineer’s certification being delivered to Lessee. Notwithstanding the foregoing, Lessor and Xxxxxx expressly agree that neither Xxxxxx’s Engineer, Lessee or Xxxxxx’s Engineer may (i) point to or rely upon the fact that work that must be completed by others that is not part of Lessor’s Work, including, without limitation, providing permanent electrical service and/or power to Lessee’s Facility, or (ii) rely upon the fact that a portion of Lessor’s Work cannot be completed or finished as a result of work that must be completed by others that is not part of Lessor’s Work (i.e., if Lessor has completed all of Lessor’s Work except for a portion of Lessor’s Work that requires the ability to tie Lessor’s Work into power lines or a power pole that has not yet been installed at Lessee’s Facility) in order to avoid a determination that Lessor’s Work has achieved Substantial Completion. For example, if Lessee has not, for any reason, provided permanent electrical service power, or utility power poles, by the time that Lessor’s Work is completed that failure shall not be considered in making the determination, since such obligation is not included in Lessor’s Work, even if Lessor has not been able to conduct start-up testing or commence operations, due to the failure of such work to be done. Following a determination of Substantial Completion (or deemed Substantial Completion) prior to Final Completion, the parties agree that the Leased Property must still thereafter pass fi...
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Related to DELIVERY, INSTALLATION, ACCESS AND SUBSTANTIAL COMPLETION

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION (i) The work under this Contract shall commence within seven (7) calendar days of receipt of Notice to Proceed and will be substantially complete within thirty (80) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment within ninety (90) calendar days after the date when the Contract Time commences to run.

  • Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the State shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.

  • At Substantial Completion and Final Completion the Contractor shall provide a certification letter certifying that the Work does not contain asbestos as required by the UTUGCs.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by September 30, 2022.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ « » ] The date of this Agreement. [ « » ] A date set forth in a notice to proceed issued by the Owner. [ « » ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) « » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

  • Completion Date The Work under this Contract shall be completed by midnight of the date required in the Contract as the Material Completion and Occupancy Date unless extended by approved requests for extension of time.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • DISPOSAL COMPLETION Purchaser shall remove organic debris from the road surface, ditchlines, and culvert inlets and outlets. Purchaser shall complete all disposal of organic debris before the application of rock.

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