Minor Deficiencies Sample Clauses

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTC, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTC’s use and enjoyment of the Facility or disruption of the Works. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC may, in its sole discretion, waive any requirement for Substantial Completion, including with respect to Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co applies for the Substantial Completion Certificate, the Independent Certifier, in consultation with Project Co and IO, shall, within 15 Business Days of Project Co's application, prepare a list of all Minor Deficiencies (the "Minor Deficiencies List") identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of IO's use and enjoyment of the Facility or disruption of the Project Operations or the performance of the MCSCS Services. (c) The Independent Certifier must prepare the Minor Deficiencies List before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are Minor Deficiencies. (d) IO may, in its sole discretion, waive any requirement for Substantial Completion, including with respect to Project Co Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. Notwithstanding that the Leasehold Improvements are not fully completed at the Commencement of the Lease, the Leased Premises shall be deemed ready for delivery and the Term shall not be affected so long as such incomplete work does not significantly interfere with the use of the Leased Premises.

Minor Deficiencies. 1) An additional amount equal to the percentage incomplete times the value for each item from the Payment Deduction Schedule will also be deducted and forfeit from payments to Contractor. 2) On certain activities Contractor will be granted partial payment when it completes the work after the schedule time yet still within acceptable limits. These activities, partial payments and time limits are shown on the Payment Deduction Schedule.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and HMQ, shall, within 15 Business Days of the Substantial Completion Notice, prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of HMQ’s use and enjoyment of the ARL Spur Line and ARL T1 Station or disruption of the Works. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) HMQ may, in its sole discretion, waive any requirement for Substantial Completion and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. Notwithstanding the incompletion of the work, the Leased Premises shall be deemed ready for delivery and the Term shall not be affected so long as such incomplete work does not significantly interfere with the use of the Leased Premises.

Minor Deficiencies. Minor Deficiencies means any defects, deficiencies and items of outstanding Work (including in relation to any seasonal Work) which would not materially impair the Owner’s use and enjoyment of the Work. Any defects, deficiencies and items of outstanding Work located inside the security perimeters (i) that compromise safety, security or emergency response capability shall be deemed not to be Minor Deficiencies; or (ii) that do not compromise safety, security or emergency response capability shall be deemed to include as part of the cost of remedy all extra security costs, operational change costs and shift premiums necessary to facilitate the security necessary to allow the Contractor or Subcontractor to access inside the security perimeter safely.

Minor Deficiencies a. An additional amount equal to the percentage incomplete times the value for each item from the Payment Deduction Schedule will also be deducted and forfeited from County of Orange OC Community Resources, OC Parks payments to the Contractor. b. On certain activities the Contractor will be granted partial payment when it completes the work after the schedule time yet still within acceptable limits. These activities, partial payments and time limits are shown on the Payment Deduction Schedule.

Minor Deficiencies. 5.1 For the purposes of this Article the term “Repair Period” shall mean: