Common use of EMPLOYER’S TAKING OVER Clause in Contracts

EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-clause 9.4 [Failure to Pass Tests on Completion], the Works or Section (as the case may be) shall be taken over by the Employer when (i) the Works or the relevant Section have been completed in accordance with the Contract, including the matters described in sub-clause 8.2 [Time for Completion] with exception to the Operational Permit; (ii) with exception to the Operational Permit as stated in sub-clause 10.1A [Ownership of the Equipment and the Operational Permit], the Works or the relevant Section conform to all Approvals and have been inspected and approved by or on behalf of the relevant Statutory Authority; and, except as allowed in sub-paragraph (a) below, (iii) all other conditions to the issuance of a Taking Over Certificate stated in the Contract have been met, and (iv) a Taking-Over Certificate for the Works or the relevant Section has been issued, or is deemed to have been issued in accordance with this sub-clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 14 days after receiving the Contractor’s application:

EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-clause 9.4 [Failure to Pass Tests on Completion], the Works or Section (as the case may be) shall be taken over by the Employer when (i) the Works or the relevant Section have been completed in accordance with the Contract, including the matters described in sub-clause 8.2 [Time for Completion] with exception to the Operational Permit; (ii) with exception to the Operational Permit as stated in sub-clause 10.1A [Ownership of the Equipment and the Operational Permit], the Works or the relevant Section conform to all Approvals and have been inspected and approved by or on behalf of the relevant Statutory Authority; and, except as allowed in sub-paragraph (a) below, (iii) all other conditions to the issuance of a Taking Over Certificate stated in the Contract have been met, and (iv) a Taking-Over Certificate for the Works or the relevant Section has been issued, or is deemed to have been issued in accordance with this sub-clausesub- Clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 14 28 days after receiving the Contractor’s application:

EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-clause 9.4 [Failure to Pass Tests on Completion], the Works or Section (as the case may be) shall be taken over by the Employer when (i) the Works or the relevant Section have been completed in accordance with the Contract, including the matters described in sub-clause 8.2 [Time for Completion] with exception to the Operational Permit; (ii) with exception to the Operational Permit as stated in sub-clause 10.1A [Ownership of the Equipment and the Operational Permit], the Works or the relevant Section conform to all Approvals and have been inspected and approved by or on behalf of the relevant Statutory Authority; and, except as allowed in sub-paragraph (a) below, (iii) all other conditions to the issuance of a Taking Over Certificate stated in the Contract have been met, and (iv) a Taking-Over Certificate for the Works or the relevant Section has been issued, or is deemed to have been issued in accordance with this sub-sub- clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 14 days after receiving the Contractor’s application: