Common use of Certificate of Completion Clause in Contracts

Certificate of Completion. Certificate of Completion. ARCHITECT shall conduct inspections of the Project and consult with the Contractor, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT in the preparation of a punch list, and shall issue a final certificate for payment. ARCHITECT shall issue a final certificate for payment only after it has made an inspection to determine whether the work or the designated portion thereof is substantially complete and conforms to the requirements of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon completion of the Project, ARCHITECT shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration has been performed in accordance with the drawings and specifications and contract requirements. Architect shall also prepare and submit all final reports required by DSA and any other applicable agency having jurisdiction over the Project.

Certificate of Completion. Certificate of Completion. ARCHITECT Architect shall conduct inspections of the each Project and consult with the Contractor, Construction Manager Contractor and the DISTRICT District Representative to determine the dates of substantial completion and final completion, ; shall review written warranties and guarantees and related documents, ; shall cooperate with the DISTRICT District in the preparation of a punch list, ; and shall issue a final certificate for payment. ARCHITECT Architect shall issue a final certificate for payment only after it has made an inspection to determine whether the work or the designated portion thereof is substantially complete and conforms to the requirements of the Contract Construction Documents. When The final certificate for payment shall state that, to the best of Architect’s knowledge, as personal knowledge is defined in Section 33(b), Title 21 of the California Code of Regulations and Education Code Section 17309, and on the basis of Architect’s observations and inspections, the work has been completed in accordance with the terms and conditions of the Construction Documents and that the entire balance found to be due the Contractor is due and payable. Furthermore, when the work or the designated portion thereof is substantially complete, ARCHITECT Architect shall prepare a certificate of substantial completion/final punch list that , which shall establish the date of substantial completion; , shall establish the responsibilities of DISTRICT District and the Contractor with respect to security, maintenance, heat, and utilities, and any damage to work; , and shall fix the time within which the contractor Contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Construction Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT Architect shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and and, upon completion of the each Project, ARCHITECT Architect shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration has been performed in accordance with the drawings and specifications and contract requirements. Architect shall also prepare not be responsible for those acts or omissions that are solely the responsibility of the Contractor or any Subcontractor, or any of the Contractor’s or Subcontractor’s agents or employees, or any persons performing any of the work on their behalf. Architect shall not have control over, be in charge of, or be responsible for construction means, methods, techniques, schedules, sequences or procedures, fabrication, procurement, shipment, delivery, receipt or installation, or safety precautions and submit all final reports required by DSA and any other applicable agency having jurisdiction over programs in connection with the Projectwork, since these are solely Contractor’s responsibility under the construction contract.

Certificate of Completion. No later than five (5) days following the date Landlord Substantially Completes Landlord's Expansion Premises Work, (the "Punch List Inspection Period"), Landlord and Tenant shall jointly inspect the Landlord's Expansion Premises Work and jointly prepare a list (the "Punch List") of the Punch List Items (as defined below) of the observable defects or uncompleted items necessary to be corrected. Landlord, upon receipt of the Tenant's Punch List, shall commence correction of the Punch List Items within thirty (30) days and shall notify the Tenant when all reasonable items have been corrected or completed. The term "Punch List Items" shall mean details of construction which are included within the scope of the Expansion Shell Plans and, in the aggregate, are minor in character and do not materially interfere with Tenant's ability to commence the Expansion Leasehold Improvements. In the event Tenant does not deliver a Punch List within thirty (30) days following the date Landlord Substantially Completes Landlord's Expansion Premises Work, then Landlord's Expansion Premises Work shall be deemed complete and Landlord shall have no further obligation to perform any such work. On the Delivery Date, Landlord shall deliver to Tenant a "Certificate of Completion. ARCHITECT shall conduct inspections of the Project and consult with the Contractor, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT in the preparation of a punch list, and shall issue a final certificate for payment. ARCHITECT shall issue a final certificate for payment only after it has made an inspection to determine whether the work or the designated portion thereof is substantially complete and conforms to the requirements of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare a certificate of substantial completion/final punch list " acknowledging that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(sa) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon completion of the Project, ARCHITECT shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration Landlord's Expansion Premises Work has been performed Substantially Completed in accordance with the drawings Final Plans and specifications b) Tenant may proceed with the Expansion Leasehold Improvements work. If there is any dispute as to whether Landlord has Substantially Completed the Landlord's Expansion Premises Work, Tenant shall so notify Landlord in writing within five (5) Business Days following the Delivery Date and contract requirementsLandlord shall thereupon request a good faith written decision by Landlord's architect (the "Substantial Completion Determination"). Architect If Tenant still disputes the Substantial Completion Determination of Landlord's architect, Tenant shall also prepare so advise Landlord in writing within five (5) Business Days following the date of delivery of such Substantial Completion Determination to Tenant, and submit the parties shall thereafter request a good faith decision by an independent licensed third party architect mutually and reasonably acceptable to each of Landlord and Tenant (the "Third Party Determination"), it being acknowledged, understood, and agreed that neither party shall unreasonably withhold, condition, or delay the selection or appointment of such independent architect, which Third Party Determination shall be final and binding on the parties. Landlord and Tenant shall split the cost of such Third Party Determination unless such Third Party Determination affirms the determination of Landlord or Landlord's architect regarding Substantial Completion, in which event (i) the Landlord's Expansion Premises Work shall be deemed Substantially Completed as of the date of the determination of Landlord or Landlord's architect, as the case may be, and (ii) Tenant shall reimburse Landlord, within twenty (20) days following Landlord's invoice therefor, for all final reports required fees and costs incurred by DSA and any other applicable agency having jurisdiction over Landlord for such Third Party Determination, which sums shall be deemed additional Rent under the ProjectLease.

Certificate of Completion. If Developer has performed all of its duties and obligations under this Agreement and Completed the Project in its entirety, the Township shall, as applicable, within thirty (30) days of the issuance of a Certificate of Occupancy for the Project and receipt of a written request from Redeveloper, issue a Certificate of Completion and such certificate shall not be unreasonably withheld, conditioned or delayed. The Certificate of Completion shall constitute a recordable, conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement, the Redevelopment Plan and Applicable Laws, with respect to the obligations of Developer to construct the Project, as applicable. The Certificate of Completion shall be substantially in the form attached hereto as Exhibit F. In the event the Township does not issue any such Certificate of Completion. ARCHITECT , as applicable, within thirty (30) days after submission of written request by Redeveloper, the Township shall conduct inspections of provide Developer with a written statement setting forth in detail the reasons why it believes that Developer has failed to Complete the Project and consult with the Contractor, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT in the preparation of a punch list, and shall issue a final certificate for payment. ARCHITECT shall issue a final certificate for payment only after it has made an inspection to determine whether the work or the designated portion thereof is substantially complete and conforms to the requirements of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon completion of the Project, ARCHITECT shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration has been performed in accordance with the drawings provisions of this Agreement, the Redevelopment Plan and specifications Applicable Laws and contract requirementswhat measures or acts the Township deems will be necessary in its reasonable opinion in order for Redeveloper to be entitled to the applicable Certificate of Completion (the “Certificate Denial Statement”). Architect Developer may rely on the Certificate Denial Statement in determining what action it must take in order to achieve the requested Certificate of Completion, as applicable. In the event of a dispute over issuance of a Certificate of Completion, the Parties shall also prepare cooperate in good faith to resolve such dispute and, thereafter, either Party may take such legal action as it deems appropriate. Upon the issuance of the Certificate of Completion, the conditions determined to exist at the time the Redevelopment Area was determined to be an area in need of redevelopment shall be deemed to no longer exist with respect to the portion of the Redevelopment Area upon which the Project is located. The land and submit all final reports required by DSA improvements within the Project shall no longer be subject to any covenant herein encumbering the Redevelopment Area and any other applicable agency having jurisdiction over the Projectshall no longer be subject to eminent domain.

Certificate of Completion. Certificate Clause 40: Certification of Completion. ARCHITECT shall conduct inspections completion of work Without prejudice to the right of the Project and consult with the ContractorClient under any such clause(s) herein contained, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT as soon as in the preparation opinion of a punch listthe consultant, the works shall have been substantially completed and shall have satisfactorily passed any final test that may be prescribed by the contract, the Project Director on the certification by the consultant will issue a final certificate for payment. ARCHITECT shall issue a final certificate for payment only after it has made an inspection to determine whether the work or the designated portion thereof is substantially complete and conforms to the requirements of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare Contractor a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with completion in respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon the period of maintenance of work shall commence from the date of such certificate, provided that the Project Director on certification by the consultant may give such a certificate with respect to any independent part of the works before the completion of the Projectwhole of the works, ARCHITECT and when any such certificate is given in respect of such a part of the works, such part shall cause each consulting engineer to issue or cause to be issued considered as completed and the period of maintenance of such part shall commence from the date of such certificate. Provided also that a certificate stating that the work falling under his or her administration has been performed of completion given in accordance with the drawings foregoing provisions of any part of the works shall not be deemed to certify completion of any ground or surface requiring reinstatement, unless such certificate shall expressly so state. Provided further that no such certificate shall be given nor shall the works or any of its parts be considered to be complete until the Contractor shall have removed from the premises on which the works or any such parts shall be executed, all scaffoldings, surplus materials of all kinds and specifications rubbish, buildings and other construction materials of all kinds and cleaned off the dirt from all woodwork, doors, windows, walls, floors, or other parts of any building or buildings, or road works and road structures, water supply, sewerage or drainage works, sanitary installations, gas and electric fittings, in, upon, or about which the works are to be executed, or which he may have had possession for the purpose of the execution thereof, nor until the works shall have been measured by the consultant whose measurements shall be binding and conclusive against the Contractor. If the Contractor shall fail to comply with the requirements of this clause as to the removal of scaffoldings, surplus material of all kinds and rubbish as aforesaid and cleanings of dirt on or before the date flexed for the completion of the works, the Project Director on advice of the consultant may at the expense of the Contractor, remove such scaffoldings of surplus materials of all kinds and rubbish and dispose of the same as he thinks fit, and clean off such dirt as aforesaid and the Contractor shall forthwith pay the amount of all expenses so incurred, and shall have no claim in respect of any such scaffoldings or surplus materials, of all kinds as aforesaid, except for any sum actually realized by sale thereof. ALTERATIONS, ADDITIONS AND OMISSIONS Clause 41: Alteration in specification and drawing Alterations, omissions or substitutions do not invalidate the contract requirements. Architect The Project Director on his own or on advice from the consultant shall also prepare have power to make any alteration in, omission from, addition to, or substituted for, the original specification, drawing, design and submit all final reports required instructions that may appear to him to be necessary or advisable during the progress of the work, and the Contractor shall be bound to carry out the works in accordance with any instructions which may be given to him in writing signed by DSA the Project Director, and such alterations, omissions, additions or substitutions shall not invalidate the contract, and any altered, additional or substituted work which the Contractor may be directed to do in manner above specified as part of the work, shall be carried out by the Contractor on the same conditions in all respects on which he agreed to do the main work, and at the same rates as are specified in the bid(bid schedule for the main work). The time for the completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to the original contract work and the certificate of the Project Director shall be conclusive as to such proportion. Extension of time in consequence of alterations And, if the altered, additional or substituted work includes any item of work, for which no rate is specified in this contract then such items of work shall be carried out at the item rates enforced at the time or receipt of tenders with reference to which the bid for the work was submitted by the Contractor. Rate of works not in bid schedule or in the estimates. If such altered, additional or substituted items(s) of work is not entered in the bid schedule, then the Contractor, shall within seven days of the date of receipt of the orders to carry out the work inform the Project Director of the rate which it is his intension to charge for such items of work and if the Project Director on advice of the consultant does not agree to this rate, or the approval to this rate (or the negotiated rate, if any), is not, communicated to the Contractor within a period of thirty (30) days reckoned, from the date of receipt by the Project Director of the proposed rate, the Project Director shall by a notice in writing be at liberty to cancel his order to carry out such item of work and arrange to carry it out in such a manner as he may consider advisable, provided always that if the Contractor shall commence work or incur an expenditure in regard thereto, before the rates shall have been determined as lastly hereinafter mentioned, he shall do so at his own risk and cost. No deviation from specification stipulated in the contract or additional items of work shall be carried out by the Contractor unless the rate of the substituted, altered or additional items have been approved in writing failing which PGSHF will not be bound to entertain any claim on this account. The interpretation of the Project Director in the event of any dispute due to any ambiguity in the specification or nomenclature shall be binding and final. Clause 42: No compensation for alteration in or restriction of work to be carried out, If variation does not exceed 20%. If at any time after the commencement of the work, the Project Director shall for any reason whatsoever, not require the whole thereof as specified in the bid(bid schedule annexed hereto) to be carried out, or increase or decrease in the quantity of work included in the contract or omit any such work, or change the contract or quality or kind of any such work, or change the levels, lines, position and dimensions of any part of the works, or require, the Contractor to execute additional work of any kind necessary for the completion of the work, the Project Director shall give notice, in writing of this fact to the Contractor, who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not derive in consequence of the full amount of the work not having been carried out; neither shall he have any claim for compensation by reasons of any alteration having been made in the original specifications, drawings, designs, and instructions which shall involve any curtailment or increase of the work, as originally contemplated; nor shall the Contractor be entitled to any adjustment in the unit rate/price or amount of the contract, if the aggregate effect of all such alterations, additions, omissions, or adjustments (other applicable agency having jurisdiction over than those arising out by reasons of price variation. under clause 55 hereof) on completion or the Project.whole of the works, does not exceed 20 percent of the sum named in paragraph of 1 (one) of this tender. Variation exceeding 20% If, on completion of the whole of the works it shall be found that a reduction or increase greater than 20 per cent of the sum named in paragraph 1 of the bid results from the aggregate effect of all increases, decreases, omissions or adjustments (other than those arising out because of price variation under Clause 55 hereof), as a result of the requirement of' the Project Director, the amount of the contract price shall be adjusted by such sum(s) as may be determined by the Project Director on advice by the consultant and the Contractor In the event of disagreement, the Project Director shall fix such sum as shall, in his opinion, be reasonable and proper, regard being had to all materials and relevant factors including the Contractor's cost and overheads. MAINTENANCE AND DEFECTS Clause 43:

Certificate of Completion. The Applicant shall provide the EDC with a completed copy of the Certificate of Completion. ARCHITECT shall conduct inspections , including evidence of the Project electrical inspection by the local authority having jurisdiction. The evidence of completion of the electrical inspection may be provided on inspection forms used by local inspecting authorities. Inspection: The EDC has either completed its inspection or waived the right to inspection in this Agreement. After receipt of the Certificate of Completion, the EDC may, upon reasonable notice and consult with the Contractorat a mutually convenient time, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT in the preparation of a punch list, and shall issue a final certificate for payment. ARCHITECT shall issue a final certificate for payment only after it has made conduct an inspection of the Customer-Generator facility and observe a Witness Test to determine whether ensure that all equipment has been appropriately installed and that all electrical connections have been made in accordance with its requirements. Metering: Revenue quality metering equipment shall be installed and tested by the work EDC. (Note: The EDC may allow interconnected operations prior to the meter installation.) Acceptance: The EDC’s representative has signed and returned the Certificate of Completion or provided notification by electronic mail or other acceptable means that the designated portion thereof is substantially requirements for interconnection are complete and conforms interconnection of the Customer-Generator facility is accepted for parallel operation. Access and Inspection by Company. Customer must provide the Company reasonable opportunity to inspect the Generation Facilities prior to operation and witness the initial testing and commissioning of the Generation Facilities. Company may witness any commissioning tests required by IEEE 1547. Following the initial testing and inspection of the Generation Facilities and upon reasonable advance notice to Customer, Company shall have access at reasonable times to the Generation Facilities to perform reasonable on-site inspections to verify that the installation, maintenance and operation of the Generation Facilities comply with the requirements of this Agreement. The Company’s cost of such inspection(s) shall be at Company’s expense; however, Company shall not be responsible for any other cost Customer may incur as a result of such inspection(s). Upon written request, Customer shall inform Company of the Contract Documents. When next scheduled maintenance and allow Company to witness the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with respect to security, maintenance, heat, utilities, maintenance program and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documentsassociated testing. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon completion of the Project, ARCHITECT shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration has been performed in accordance with the drawings and specifications and contract requirements. Architect Company shall also prepare and submit have at all final reports required by DSA and times immediate access to breakers or any other applicable agency having jurisdiction over equipment that will isolate the ProjectGeneration Facilities from Company's electric system.

Certificate of Completion. Promptly after completion of the construction, including landscaping, in accordance with this Agreement, Xxxxx shall request in writing that the Commissioner issue a Certificate and return the Deposit. Buyer’s request shall include a Project summary on final project costs, dates for commencement and completion, occupancy summary and SBE participation. The Certificate shall be a conclusive determination of Completionsatisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of Buyer and its successors and assigns to construct and the dates for the beginning and completion thereof. ARCHITECT Buyer shall conduct inspections permit Seller representatives to inspect the Project within thirty (30) days following receipt of Xxxxx's request to determine if the work has been completed according to Seller‐approved Final Plans and this Agreement. If the Project is determined to be in conformance, the request for the Certificate shall be presented to Seller for its formal approval at the next available regularly schedule meeting of Seller. Seller shall execute such Certificate within thirty (30) days of its authorization and shall present the Certificate for recording to the Register of Deeds at Seller's expense. If Seller shall refuse or fail to authorize the Certificate, Seller shall within thirty (30) days of the Project inspection provide Buyer with a written statement indicating in adequate detail how Buyer has failed to complete the Project in conformance with Final Plans or this Agreement, or is otherwise in default, and consult with the Contractorwhat measures or acts are necessary, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT in the preparation opinion of a punch listSeller, and for Buyer to take or perform in order to obtain the Certificate. Concurrent with Xxxxxx's consideration of the request for the Certificate, Seller shall issue a final certificate for paymentconsider return of the Deposit. ARCHITECT shall issue a final certificate for payment only after it has made an inspection to determine whether All or part of the work or Deposit may be retained by Seller if the designated portion thereof project is substantially complete and conforms not completed according to the requirements schedule specified in Section 2. A check for the amount of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list Deposit authorized for return by Seller shall be assigned an estimated dollar value calculated provided within ten (10) days of authorization by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon completion of the Project, ARCHITECT shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration has been performed in accordance with the drawings and specifications and contract requirements. Architect shall also prepare and submit all final reports required by DSA and any other applicable agency having jurisdiction over the ProjectSeller.

Certificate of Completion. Certificate Certification of Completion. ARCHITECT shall conduct inspections completion of work Clause 40: Without prejudice to the right of the Project and consult with the ContractorBOM-QIE under any such Clause (s) here in contained, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT as soon as in the preparation opinion of a punch listthe Engineer Incharge, the works shall have been substantially completed and shall have satisfactorily passed any final test that may be prescribed by the contract, the Engineer Incharge will issue a final certificate for payment. ARCHITECT shall issue a final certificate for payment only after it has made an inspection to determine whether the work or the designated portion thereof is substantially complete and conforms to the requirements of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare contractor a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with completion in respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon the period of maintenance of work shall commence from the date of such certificate with respect to the Engineer Incharge may give such a certificate with respect to any independent part or the works before the completion of the Projectwhole of the works, ARCHITECT and when any such certificate is given in respect fo such a part of the works, such part shall cause each consulting engineer to issue or cause to be issued conidered as completed and period of maintenance of such part shall commence from date of such certificate. Provided also that a certificate stating that the work falling under his or her administration has been performed of completion given in accordance with the foregoing provision of any part of the works shall not be deemed to certify completion of any ground or surface requiring reinstatement, unless such certificate shall expressly so state and cleaned off the dirt from all woodwork, doors, windows, walls, floors, or other parts Provided further that no such certificate shall be given nor shall the works or any of its parts be considered to be complete until the contractor shall have removed from the premises on which the works or any such parts shall be executed. All scaffolding, surplus materials of all kinds and rubbish, buildings and other construction materials of all kinds, of any building or buildings, or road works and road structures, water supply, sewerage or drainage works, sanitary installations, gas and electric fittings, in, upon, or about which the works are to be executed, or which he may have had possession for the purpose of the execution thereof, nor until the works shall have been measured by the Engineer Incharge whose measurements shall be binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements Of this clause as to the removal of scaffolding, surplus material of all kinds and rubbish as aforesaid and cleaning of dirt on or before the date fixed for the completion of the works, the Engineer Incharge may, at the expenses of the contractor, remove such scaffoldings or surplus materials of all kinds and rubbish and dispose of the same as he thinks fit, and clean off such dirt as aforesaid, and the contractor shall forthwith pay the amount of all expenses so incurred, and shall have no claim in respect of any such scaffoldings or surplus materials of all kinds as aforesaid, except for any sum actually realized by sale thereof. ALTERATION, ADDITIONS AND OMISSIONS Alterations in specification and drawings and specifications Alterations, omissions or substitutions do not invalid date the contract and contract requirements. Architect Extension of time in consequence of alterations Clause 41: The Engineer Incharge shall also prepare have power to make any alteration in, omission, from, addition to or substitution for, the original specification, drawing, designs and submit all final reports required instructions that may appear to him to be necessary or advisable during the progress of the Work, and the contractor shall be bound to carry out the works in accordance with any instructions which may be given to him in writing signed by DSA the Engineer Incharge, and such alterations, omissions, additions or substitutions shall not invalidate the contract, and any altered, additional or substituted work which the contractor may be directed to do in manner above specified as part of the work, shall be carried out by the contractor 011 the same conditions in all respects on which he agreed to do the main work, and at the same rates as are specified in the tender (bid schedule) for the main work. The time for the completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to the original contract work and the certificate of the Engineer Incharge shall be conclusive as such proportion. And, if the altered, additional or substituted work includes any item of work, for which no rate is specified in this contract, then such items of work shall be carried out at the item rates enforced at the time of receipt of tenders with reference to which the tender for the work was submitted by the contractor. carry out the work inform the Engineer Incharge of the rate which it is his intension to charge If such altered, additional or substituted item (s) of work is not entered in the bid schedule, then the contractor shall within seven days of the date of receipt of the orders to for such items of work, and if the Engineer Incharge does not agree to this rate, or the approval to this rate (or the negotiated rate, if any), is not communicated to the contractor within a period of thirty (30) days reckoned from the date of receipt by the Engineer Incharge of the proposed rate, the Engineer Incharge shall by a notice in writing be at liberty to cancel his order to carry out such item of work and arrange to carry it out in such a manner as he may consider advisable, provided always that if the contractor shall commence work or incur an expenditure in regard thereto, before the rates shall have been determined as lastly hereinafter mentioned, he shall do so at his own risk and cost. Rate or works not in schedule of rates bid schedule or In the estimates No deviation from specification stipulated in the contract or Additional items of work shall be carried out by the contractor unless the rate of the substituted, altered or additional items have been approved in writing failing which BOM-QIE will not be bound to entertain any claim on this account. The interpretation of the Engineer Incharge in the event of any dispute due to any ambiguity in the specification or nomenclature shall be binding and final. No compensation for alteration in or restriction of work to be carried out if variation does not exceed 20% Clause 42: If at any time after the commencement of the Work, the Engineer Incharge shall for any reason whatsoever, not require the whole thereof as specified in the tender (bid schedule annexed hereto) to be carried out. or increase or decrease the quantity of work included in the contract or omit any such work, or change the contractor or quality of kind of signs to execute additional work of any kind necessary for the completion of the work, the Engineer Incharge shall give notice in writing of this fact to the contractor, who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work In full, but which he did not derive in consequence of the full amount of the work no having been carried out ; neither shall he have any claim for compensation by reasons of any alteration having been made in the original specifications, drawings, designs, and instructions which shall involve any curtailment or increase of the work, as originally contemplated ; nor shall the contractor be entitled to any adjustment in the unit rate/price or amount of the contract, if the aggregate effect of all such alterations, additions, omissions, or adjustments (other applicable agency having jurisdiction over than these arising out by reasons of price variation under Clause 55 hereof) on completion of the Project.whole of the works, does not exceed 20 per cent of the sum named in paragraph of 1 (one) of this tender. Variation exceeding 20% If, on completion of the whole of the works, it shall be Found that a reduction or increase greater than 20 per cent of the sum named in Paragraph 1 of the tender results from the aggregate effect of all increases, decreases, omissions or adjustments (other than those arising out of price variation under Clause 35 hereof), as a result of the requirement of the Engineer Incharge the amount of the contract price shall be adjusted by such sum

Certificate of Completion. The Project (or any Project Component) shall be deemed completed when the construction of the Project(or any Project Component) has been substantially completed in accordance with the applicable Contract Documents approved by the BPDA pursuant to the Development Review Guidelines and is ready for occupancy, except for any interior work to be performed to tenant specifications and landscape improvements which for climatic reasons, are not yet completed. The BPDA shall, within forty (40) days after receipt of the Applicant’s written request therefor: (a) issue a Certificate of Completion for the Project as so requested (or the Project Component, if applicable), or (b) provide written notice to the Applicant that the BPDA has determined that the Project (or such Project Component) has not been completed in accordance with the Contract Documents approved by the BPDA. Such Certificate shall be conclusive evidence that the construction of the Project (or such Project Component) has been completed in accordance with the EPNF, the Scoping Determination, the Contract Documents approved by the BPDA, the PDA Documents, and this Agreement. If requested by the Applicant, such Certificate shall be in a form suitable for recording in the Registry. If the BPDA has determined that the Project(or Project Component, as applicable) has not been completed in accordance with the approved Contract Documents and that the requested Certificate of Completion cannot be issued, the BPDA shall, within such forty day (40) period, provide the Applicant with a written statement indicating with specificity (i) in what respect(s) the Applicant has failed to complete the Project(or Project Component, as applicable) as required herein or is otherwise in default of its construction obligations to the BPDA; and (ii) what measures or actions will be necessary for the Applicant to undertake or perform in order to comply with the Contract Documents approved by the BPDA and obtain the requested Certificate of Completion. ARCHITECT shall conduct inspections of Upon compliance by the Applicant with the requirements specified in such statement with respect to the Project and consult with (or Project Component, as applicable), the Contractor, Construction Manager and the DISTRICT to determine the dates of substantial completion and final completion, shall review written warranties and guarantees and related documents, shall cooperate with the DISTRICT in the preparation of a punch list, and BPDA shall issue a final certificate for paymentCertificate of Completion to the Applicant. ARCHITECT Notwithstanding anything to the contrary set forth in this Agreement, the BPDA shall have no obligation to issue a final certificate for payment only after it Certificate of Completion if there is any outstanding material default under this Agreement and the BPDA has made an inspection to determine whether the work or the designated portion provided notice thereof is substantially complete and conforms to the requirements of the Contract Documents. When the work or the designated portion thereof is substantially complete, ARCHITECT shall prepare a certificate of substantial completion/final punch list that shall establish the date of substantial completion; shall establish the responsibilities of DISTRICT and the Contractor with respect to security, maintenance, heat, utilities, and any damage to work; and shall fix the time within which the contractor shall finish all the items needed to be completed or corrected to conform the work to the Contract Documents. Each item listed on the certificate of substantial completion/final punch list shall be assigned an estimated dollar value calculated by the ARCHITECT to encompass the cost the DISTRICT is likely to incur if the Contractor fails to perform and/or deliver each such item as required by the Construction Contract. Regarding any items that require warranties, the value of such an item(s) shall include an estimate of the likely cost to the District for having to acquire a replacement warranty for such item(s). During the period of construction, ARCHITECT shall cause its consulting engineers to make or cause to be made all respective tests and inspections necessary to secure the completion of various types of work falling under their division of the work, and upon completion of the Project, ARCHITECT shall cause each consulting engineer to issue or cause to be issued a certificate stating that the work falling under his or her administration has been performed in accordance with the drawings and specifications and contract requirements. Architect shall also prepare and submit all final reports required by DSA and any other applicable agency having jurisdiction over the ProjectApplicant.