Common use of Minor Deficiencies Clause in Contracts

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. (a) In the event that Minor Deficiencies exist when Project Co gives applies for the Substantial Completion NoticeCertificate, the Independent Certifier, in consultation with Project Co and HMQ, shall, within 15 Business Days of the Substantial Completion NoticeProject 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 HMQ’s 's and MAG‟s use and enjoyment of the ARL Spur Line and ARL T1 Station Facility or disruption of the WorksProject Operations or the performance of the Courthouse Activities and the HMQ FM Services. (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 Completion, including with respect to FF&E, and the failure to meet any such requirement shall constitute a Minor Deficiency.