Common use of Project Substantial Completion Clause in Contracts

Project Substantial Completion. Subject to Section 11.3, Contractor shall achieve substantial completion of the Project (“Project Substantial Completion”), which shall include achievement of Commissioning and Turnover of Electrical Works and WTG Mechanical Completion with respect to all WTGs and all WTGs have been commissioned in accordance with the Commissioning Test and Inspection Procedures and all requirements set forth therein have been met or exceeded and a corresponding WTG Commissioning and Turnover Certificate has been delivered (subject to adjustment in the event Contractor exercises its Buy-Back Right pursuant to Section 11.3), and the following other items: 6.5.1 Contractor has delivered to Owner, and Owner has accepted, a WTG Substantial Completion Certificate for each WTG; 6.5.2 the requirements set forth in the Commissioning Test and Inspection Procedures have been met or exceeded; 6.5.3 the requirements necessary to achieve Project Substantial Completion that are set forth in all Permits have been met; 6.5.4 Contractor has completed all of the Work for all of the Infrastructure Facilities and has delivered to Owner copies of the test reports and electrical schematics related to Infrastructure Facilities; 6.5.5 Contractor has delivered to Owner the draft O&M Manuals for equipment provided by Contractor or Subcontractors located within, and not limited to, the Collection Substation, O&M Building, Collection System and Federal Aviation Administration lighting, as applicable; 6.5.6 Contractor has prepared and submitted to Owner the final and complete list of Punch List Items; 6.5.7 Contractor has delivered copies of the draft Turnover Packages and O&M Manuals that are required by Section 2.11; 6.5.8 drafts or red-lines of As-Built Drawings and Documentation shall have been delivered to and accepted by Owner in accordance with Section 2.5.5; 6.5.9 Contractor has delivered to Owner all interim or progress payment Partial Lien Waivers or final payment Final Lien Waivers, as the case may be, from all Major Subcontractors for Work completed through such date; 6.5.10 all quality assurance documentation has been provided, received, and reviewed, and approved by Owner in accordance with the Project Quality Assurance Plan and all non-conforming quality assurance issues have been resolved in accordance with the Project Quality Assurance Plan; 6.5.11 Owner has accepted a Project Substantial Completion Certificate; 6.5.12 All Warranty Parts Inventory and any other All Spare Parts that Owner has elected to purchase in accordance with Section 4.1.1 have been delivered by Contractor to the Project Site; and 6.5.13 Contractor has assigned to Owner (a) all remaining rights under the Turbine Supply Agreement, (b) the SMA, and (c) the MPT Supply Agreement in substantially the form of Exhibit 3.1.2 hereto.

Project Substantial Completion. Subject to Section 11.3, Contractor shall achieve substantial completion of the Project (“Project Substantial Completion”), which shall include achievement of Commissioning and Turnover of Electrical Works and WTG Mechanical Completion with respect to all WTGs and all WTGs have been commissioned in accordance with the Commissioning Test and Inspection Procedures and all requirements set forth therein have been met or exceeded and a corresponding WTG Commissioning and Turnover Certificate has been delivered (subject to adjustment in the event Contractor exercises its Buy-Back Right pursuant to Section 11.3), and the following other items: 6.5.1 Contractor has delivered to Owner, and Owner has accepted, a WTG Substantial Completion Certificate for each WTG; 6.5.2 the requirements set forth in the Commissioning Test and Inspection Procedures have been met or exceeded; 6.5.3 the requirements necessary to achieve Project Substantial Completion that are set forth in all Permits have been met; 6.5.4 Contractor has completed all of the Work for all of the Infrastructure Facilities and has delivered to Owner copies of the test reports and electrical schematics related to Infrastructure Facilities; 6.5.5 Contractor has delivered to Owner the draft O&M Manuals for equipment provided by Contractor or Subcontractors located within, and not limited to, the Collection Substation, O&M Building, Collection System and Federal Aviation Administration lighting, as applicable; 6.5.6 Contractor has prepared and submitted to Owner the final and complete list of Punch List Items; 6.5.7 Contractor has delivered copies of the draft Turnover Packages and O&M Manuals that are required by Section 2.11; 6.5.8 drafts or red-lines of As-Built Drawings and Documentation shall have been delivered to and accepted by Owner in accordance with Section 2.5.5; 6.5.9 Contractor has delivered to Owner all interim or progress payment Partial Lien Waivers or final payment Final Lien Waivers, as the case may be, from all Major Subcontractors for Work completed through such date; 6.5.10 all quality assurance documentation has been provided, received, and reviewed, and approved by Owner in accordance with the Project Quality Assurance Plan and all non-conforming quality assurance issues have been resolved in accordance with the Project Quality Assurance Plan; 6.5.11 Owner has accepted a Project Substantial Completion Certificate; 6.5.12 All Warranty Parts Inventory and any other All Spare Parts that Owner has elected to purchase in accordance with Section 4.1.1 have been delivered by Contractor to the Project Site; and 6.5.13 Contractor has assigned to Owner (a) all remaining rights under the Turbine Supply Agreement, (b) the SMA, and (c) the MPT Supply Agreement in substantially the form of Exhibit 3.1.2 hereto.