Owner Acceptance of Completion Certificates. Within seven (7) Days after receipt of either a Commissioning, Testing, or Commercial Operation certificate, Owner shall either (a) notify GEC of its acceptance of such certificate and acknowledge that the named event has occurred, or (b) if reasonable cause exists for doing so, notify GEC in writing that the named event has not been achieved, stating in detail the reasons therefore. In the event Commissioning, Testing, or Commercial Operation has not been achieved, GEC shall promptly take such action or perform such additional Work or other services as will achieve Commissioning, Testing, or Commercial Operation and then issue to Owner another certificate pursuant to Section 11.2 or 11.3. Owner shall respond to any such subsequent certificate from GEC within seven (7) Days following receipt. Such procedure shall be repeated until such time as Owner has acknowledged Commissioning, Testing, or Commercial Operation. The failure of Owner to respond in writing to any certificate submitted by GEC within the time period required in this Section 11.4 shall be deemed an acceptance of the certificate and acknowledgment of Commissioning, Testing, or Commercial Operation by Owner. The effective date of Commissioning, Testing, or Commercial Operation shall be deemed the day that the event occurred, and not the date of sending, receiving or accepting any notice or certificate. No Schedule Liquidated Damages if otherwise applicable, shall be imposed upon GEC during any period in which Owner is reviewing, or GEC is responding to any objections asserted by Owner with respect to, Final Completion Certificates submitted by GEC. LIMA/GEC/EPC 45 Confidential Business Information
Appears in 4 contracts
Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp)
