Common use of Certificate of Completion Clause in Contracts

Certificate of Completion. a. Upon Substantial Completion of the Improvements in accordance with the provisions of this Agreement, the City shall furnish Developer with an instrument certifying such completion (herein called the “Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. Upon Substantial Completion The Developer shall notify the HRA when construction of each Phase of the Improvements Project has been substantially completed. The HRA shall, within 20 days after such notification, inspect the respective Phase of the Project in accordance order to determine whether the respective Phase of the Project has been constructed in substantial conformity with the provisions approved Construction Plans. If the HRA reasonably determines that the respective Phase of this Agreementthe Project has not been constructed in substantial conformity with the approved Construction Plans, the City HRA shall furnish deliver a written statement to the Developer indicating in adequate detail the specific respects in which the respective Phase of the Project has not been constructed in substantial conformity with an instrument certifying the approved Construction Plans and Developer shall have a reasonable period of time to remedy such completion (herein called deficiencies. The HRA shall re-inspect the “Certificate respective Phase of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided Project within a reasonable period of time after receiving notice that such subdivision, deficiencies have been remedied in order to determine whether the reasonable opinion respective Phase of the City, is not inconsistent Project has been constructed in substantial conformity with the Development Plan or approved Construction Plans and this Agreement. At its sole discretionWithin 20 calendar days after determining that the respective Phase of the Project has been constructed in substantial conformity with the approved Construction Plans, the City may HRA will furnish to the Developer with individual Certificates a Certificate of Completion upon proper substantially in the form attached hereto as Exhibit E certifying the completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction respective Phase of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of CompletionProject. The Certificate of Completion issued for the respective Phase of the Project shall not, however, constitute evidence conclusively satisfy and terminate the agreements and covenants of compliance with or satisfaction of (i) any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity in this Agreement solely with respect to any building, occupancy, or other permits. e. construction of the respective Phase of the Project. The issuance of a Certificate of Completion shall not be construed to relieve the Developer of any approval required by any City department in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs connection with the land and that is applicable to all successors and assigns. Such thirty (30) year period construction, completion or occupancy of the respective Phase of the Project nor shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by it relieve the Developer and the public for the intended uses contemplated by of any other obligations under this Agreement.

Certificate of Completion. a. Upon Substantial Completion of the entire Project and/or a Phase, for purposes of releasing the restrictions referenced in this Agreement, and under the Applicable Law, the Borough shall issue a Certificate of Completion in proper form for recording, which shall acknowledge that Redeveloper has performed all of its duties and obligations under this Agreement and has Completed construction of the Project or Phase in accordance with the requirements of the Applicable Law, the Redevelopment Plan and this Agreement. The Certificate of Completion shall constitute a recordable conclusive determination of the satisfaction and termination of the restrictions, obligations and covenants contained in this Agreement and in the Redevelopment Plan with respect to Redeveloper’s construction of the Project or Phase. Upon issuance of a Certificate of Completion (a) the agreements, restrictions, and covenants set forth in Section 6 shall cease and terminate, except for those covenants and restrictions set forth in Section 6 which shall survive in accordance with the terms of Section 6 for the Project and/or a Phase, (b) the conditions determined to exist at the time the Redevelopment Area was designated as in need of redevelopment shall be deemed to no longer exist for the Project and/or a Phase, and (c) the land and Improvements constituting the Completed Project and/or a Phase within the Redevelopment Area shall no longer be subject to eminent domain based upon such conditions. If the Borough shall fail or refuse to provide the Certificate of Completion within twenty (20) days after written request by Redeveloper, the Borough shall provide to Redeveloper a written statement setting forth in detail the respects in which it believes that Redeveloper has failed to Complete the Project or Phase, or portion thereof, in accordance with the provisions of this Agreement, the City Agreement or otherwise has committed an Event of Default under this or any other applicable agreement and what reasonable measures or acts shall furnish Developer with an instrument certifying such completion (herein called the “be necessary in order for Redeveloper to be entitled to a Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion receipt of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion, Redeveloper may record it in the Hunterdon County Clerk’s office. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. Upon Substantial Completion The Developer shall notify the City when construction of the Improvements Project has been substantially completed. The City shall promptly inspect the Project in accordance order to determine whether the Project has been constructed in substantial conformity with this Agreement, the approved Construction Plans, the PUD and the Development Agreement. If the City determines that the Project has not been constructed in substantial conformity with this Agreement, the approved Construction Plans, the PUD and the Development Agreement, the City shall deliver a written statement to the Developer indicating in adequate detail the specific respects in which the Project has not been constructed in substantial conformity with the provisions approved Construction Plans and Developer shall promptly remedy such deficiencies. Promptly upon determining that the Project has been constructed in substantial conformity with this Agreement, the approved Construction Plans, the PUD and the Development Agreement, the City will furnish to the Developer a Certificate of Completion in the form attached hereto as Exhibit F certifying the completion of the Project. The Certificate of Completion issued for the Project shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement and the Deed to construct the Project. The Developer may cause the Certificate of Completion to be recorded in the proper office for recordation of deeds and other instruments pertaining to the Development Property. The Certificate of Completion does not release the obligations of the Developer under Sections 3(f) 5(b), 6(b), 8(a) with respect to its obligation to provide a one year landscaping warranty, 8(c), 11(c) and 22 of the Development Agreement, the obligations of the Developer under Sections 3.8(1), 3.8(6), 3.10, 4.2, 5.5, 5.6, 6.1, 6.2 and 6.3 of this Agreement, the City shall furnish Developer with an instrument certifying such completion Minimum Assessment Agreement or the Parking Easement Agreement (herein called the “Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with attached as Exhibit C to the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel). b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. Upon After Substantial Completion Completion, the Developer shall give notice via recognized overnight courier against a signed receipt, or certified mail return receipt requested to the Economic Development Administrator, with a copy to their counsel, of the Improvements in accordance same, requesting a Certificate of Completion with respect to the provisions Project. Notwithstanding any other provision of this Agreement, the City Economic Development Administrator shall furnish inspect or shall cause the Developer with an instrument certifying such completion (herein called the “Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within inspected within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the a request for a Certificate of Completion and shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The furnish such Certificate of Completion shall not, however, constitute evidence within sixty (60) days of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Developer’s request therefor. A Certificate of Completion shall be in such form as can will enable it to be recorded against on the PropertyNew Haven Land Records; or, in the alternative, the Developer files an affidavit of facts relating to title or interest in real estate as permitted by Section 7.2(D) of this Agreement, below. The cost of recording the A Certificate of Completion shall be a conclusive determination of the responsibility satisfaction of the Developer’s obligation to construct the Project in accordance with the terms and conditions of this Agreement. The Certificate effect of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include issuance of a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against mean (i) except for ongoing obligations with respect to the operation of the Property, as set forth in Section 3.1 (affordable units)Section 4.1 (Permanent Jobs) and Section 4.4 (PILOT)of this Agreement, all rights of the City with respect to the Property as set forth in this Agreement shall terminate; and, (ii) any Right of Reversion set forth in this Agreement is extinguished. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes Notwithstanding any other provision of this Agreement, “Substantial Completion” means when if the Improvements are sufficiently complete Economic Development Administrator shall refuse or fail to provide a Certificate of Completion in accordance with the Construction Plans provisions of this Section, the Economic Development Administrator shall, within such that sixty (60) day period, provide the Property may Developer with a written statement setting forth in adequate detail in what respects the Developer has failed to complete the Project, and what measures or acts will be used in necessary for the Developer to take or perform in order to obtain a Certificate of Completion the Project. Following receipt of such written statement, the Developer shall promptly carry out the corrective measures or acts described in the written statement, and a Certificate of Completion will be delivered to the Developer within fifteen (15) days of the completion by the Developer of the items set forth in the written statement. In the event of any dispute between the City and the public for Developer with respect to the intended uses contemplated by issuance of the Certificate of Completion, the parties shall participate in the Dispute Resolution Procedure set forth herein. Notwithstanding any other provision of this Agreement, if the Economic Development Administrator shall fail to provide the Developer with a Certificate of Completion or with a written statement within such sixty (60) day period of a request for a Certificate of Completion, such failure shall be deemed to constitute certification that the Project has been completed. In such case, the Developer shall, in its sole discretion, record, in lieu of the Certificate of Completion, an Affidavit of Facts relating to title or interest in real estate, as permitted by C.G.S. 47-12a (“Developer’s Affidavit”), on the New Haven Land Records, setting forth the failure of the City to issue a Certificate of Completion within the time required for issuing same. The Developer’s Affidavit shall have the same force and effect as a Certificate of Completion issued by the Economic Development Administrator.

Certificate of Completion. a. Upon Substantial Completion After completion of the Minimum Improvements, or Demolition, as applicable, Developer may make a written request to the City for a Certificate of Completion, in substantially the form set forth in Exhibit C, attached hereto. Within twenty (20) days after the Developer’s request, the City shall furnish the Certificate of Completion if: a. For completion of the Minimum Improvements: (i) the Minimum Improvements have been completed in compliance with this Agreement to the satisfaction of the City, and (ii) occupancy permits for the Minimum Improvements have been issued by the building official of the City. b. For completion of Demolition: (i) all structures on the Development Property have been demolished, (ii) all associated debris has been removed from the Development Property and properly disposed of; and (iii) the Development Property is otherwise prepared for redevelopment to the satisfaction of the City. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements or complete the Demolition, as the case may be. The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer’s sole expense. If the City shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 6.4, the City shall, within twenty (20) days after written request by the Developer, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements or Demolition in accordance with the provisions of this Agreement, or is otherwise in default under the City shall furnish Developer with an instrument certifying such completion (herein called the “Certificate terms of Completion”). Upon written request by Xxxxxxxxxthis Agreement, the Property may and what measures or acts it will be divided into parts or parcels, provided that such subdivisionnecessary, in the reasonable opinion of the City, is not inconsistent with for the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue obtain the Certificate of Completion. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. Developer shall notify the Authority when the final certificate of occupancy is received for the Minimum Improvements. Upon Substantial Completion receipt of each such final certificate of occupancy and the Authority’s inspection of the Minimum Improvements for consistency with this Agreement as set forth in the Certificate of Completion, the Authority will furnish to Developer a recordable Certificate of Completion. After notification from Developer and written request from Developer for a Certificate of Completion, the Authority will, within 45 days thereafter, inspect the Minimum Improvements and furnish the Developer with an appropriate Certificate of Completion. Such Certificate of Completion by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of Developer to construct the Minimum Improvements and the dates for the beginning and completion thereof. If the Authority shall refuse to provide a Certificate of Completion in accordance with the provisions of this Agreementprovision, the City Authority shall furnish promptly notify Developer with an instrument certifying such completion (herein called within the “same 45-day period following receipt of request by the Redeveloper for the Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspectionsuch notification from the Authority shall include a written statement, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in adequate detail in what respects Developer has failed to complete the relevant portion of the Minimum Improvements in accordance with this Agreement or is otherwise in Default, and what measures and or acts will be necessary, in the opinion of the Authority, for Developer must to take or perform in order to cure obtain such nonconformity or Defaultcertification. If the Authority fails to issue such a written statement within such 45-day period, the Authority shall be deemed to have waived its right to do so and shall issue a Certificate of Completion to Developer. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction have 60 days following receipt of the Improvements as required by this Agreement. c. Upon Authority’s written response to cure or agree to terms with the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may Authority regarding issues to be stated therein, the Certificate resolved prior to Developer obtaining a Certification of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for from the portion of the Property addressed by the Certificate of Completion. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permitsAuthority. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. Upon Substantial Completion of the entire Project and/or a Phase, for purposes of releasing the restrictions referenced in this Agreement, and under the Applicable Law, the Borough shall issue a Certificate of Completion in proper form for recording, which shall acknowledge that Redeveloper has performed all of its duties and obligations under this Agreement and has Completed construction of the Project or Phase in accordance with the requirements of the Applicable Law, the Redevelopment Plan and this Agreement. The Certificate of Completion shall constitute a recordable conclusive determination of the satisfaction and termination of the restrictions, obligations and covenants contained in this Agreement and in the Redevelopment Plan with respect to Redeveloper’s construction of the Project or Phase. Upon issuance of a Certificate of Completion (a) the agreements, restrictions, and covenants set forth in Section 6 shall cease and terminate, except for those covenants and restrictions set forth in Section 6 which shall survive in accordance with the terms of Section 6 for the Project and/or a Phase, (b) the conditions determined to exist at the time the Project Area was designated as in need of redevelopment shall be deemed to no longer exist for the Project and/or a Phase, and (c) the land and Improvements constituting the Completed Project and/or a Phase within the Project Area shall no longer be subject to eminent domain based upon such conditions. If the Borough shall fail or refuse to provide the Certificate of Completion within twenty (20) Days after written request by Redeveloper, the Borough shall provide to Redeveloper a written statement setting forth in detail the respects in which it believes that Redeveloper has failed to Complete the Project or Phase, in accordance with the provisions of this Agreement, the City Agreement or otherwise has committed an Event of Default under this or any other applicable agreement and what reasonable measures or acts shall furnish Developer with an instrument certifying such completion (herein called the “be necessary in order for Redeveloper to be entitled to a Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion receipt of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion, Redeveloper may record it in the Hunterdon County Clerk’s office. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. (a) Upon Substantial Completion substantial completion of the Improvements in accordance with relevant phases of the provisions of this AgreementProject, the City Agency shall furnish Developer with an instrument certifying prepare a Certificate of Completion substantially in the form of Attachment No. 11, within thirty (30) days following receipt by the Agency of a written request therefor by the Owner. Upon the request of the Owner, the Agency may issue one or more Certificates of Completion when the Owner has completed (or caused third party tenants to so complete) the improvements as follows: (i) upon completion of the improvement of corporate headquarters office building of the Project; (ii) upon completion of the improvement of other portions of the Project Site; and (iii) upon completion of the Project in its entirety. Each Certificate of Completion shall evidence a conclusive determination by the Agency of satisfactory completion of the improvement of the Project (or such completion portion thereof, as applicable) by the Owner. After the recordation of the Certificate of Completion by the Agency, neither the Owner, nor any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Project Site (herein called or such portion thereof affected by the “Certificate of Completion”). Upon written request by Xxxxxxxxx) shall (because of such ownership, purchase, lease or acquisition) have any further obligation or liability under this Agreement for matters arising prior to the Property may be divided into parts date of recordation of the Certificate of Completion or parcelsthereafter; provided however, provided that such subdivisionthe covenants contained in Section 4.1 through Section 4.4, shall bind each successor in interest of the Owner in the reasonable opinion Project Site (or such portion thereof affected by the Certificate of the City, is not inconsistent Completion) as covenants which run with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcelland. b. When Xxxxxxxxx considers all Project work required hereunder (b) If the Agency seeks to be completewithhold the execution of Certificate of Completion, in conformance with this Agreementthen the Agency shall, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within within said thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction date of the Improvements as required by this Agreement. c. Upon written request for the Director's determination that the Project is complete and in conformance with all provisions and requirements issuance of this Agreement, the Director shall issue the a Certificate of Completion. d. Except as may be stated therein, provide to the Certificate of Completion shall be Owner a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for written statement setting forth the portion of reasons with respect to the Property addressed by the Agency’s refusal or failure to prepare and execute a Certificate of Completion. The statement shall also contain a detailed description of the action the Owner must take to obtain a Certificate of Completion. If the reason for such refusal is confined to minor building “punch list” items, the Agency shall issue its Certificate of Completion shall not, however, constitute evidence conditioned upon the delivery of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, cash or other permits. e. The reasonably acceptable surety in an amount and terms subject to the reasonable approval of the Executive Director. No such Certificate of Completion of the Agency shall be deemed to constitute a notice of completion as referred to in such form as can be recorded against Section 3093 of the Property. The cost of recording the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of CompletionCalifornia Civil Code. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by the Developer and the public for the intended uses contemplated by this Agreement.

Certificate of Completion. a. Upon Substantial Completion Subsequent to the proper completion of the Improvements in accordance with the provisions of this Agreement, the City shall furnish the Developer with an instrument certifying such completion (herein called the “Certificate of Completion”). Upon written request by Xxxxxxxxxthe Developer, the Property may be divided into several parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with the purposes of the Development Plan or and this Agreement. At its sole discretion, the City may furnish the Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx the Developer considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD the CITY’s Community Economic Development Department (“CEDD”) (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify the Developer in writing indicating in detail in what respects the Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts the Developer must take or perform in order to cure such nonconformity or Default. The Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the Certificate of Completion shall be a conclusive acknowledgment acknowledgement by P&DD CEDD of satisfaction by the Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion, except as provided in Sections 7.01b, 7.01c and 7.01d hereof. The Certificate of Completion shall not, however, constitute evidence of compliance with or satisfaction of of (i1) any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or or (ii2) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of the Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a thirty (30) year Affordable Housing Requirement that runs with the land and that is applicable to all successors and assigns. Such thirty (30) year period shall begin on the date of such Certificate of Completion. f. The Certificate In the Director's discretion, Certificates of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Improvements are sufficiently complete in accordance with the Construction Plans such that the Property may be used by given for each phase if the Developer and the public for the intended uses contemplated by this AgreementProject is developed in phases.

Certificate of Completion. a. Upon Substantial Completion (a) Promptly after substantial completion of the Minimum Improvements in accordance with the those provisions of this Agreementthe Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City shall Authority will furnish the Developer with an instrument certifying such completion (herein called the “Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the a Certificate of Completion in substantially the form provided in EXHIBIT C attached hereto. Such certification by the Authority shall be (and it shall be so provided in the certification itself) a conclusive acknowledgment by P&DD determination of satisfaction by Developer and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its obligations under this Agreement successors and assigns, to construct the Minimum Improvements and the dates for the portion of the Property addressed by the Certificate of Completionbeginning and completion thereof. The Certificate of Completion Such certification and such determination shall not, however, not constitute evidence of compliance with or satisfaction of (i) any obligation of the Developer to any holder Holder of a mortgageMortgage, or any insurer of a mortgageMortgage, securing money loaned to finance the Minimum Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. (b) The Certificate of Completion certificate provided for in this Section 4.4 shall be in such form as can will enable it to be recorded against in the proper office for the recordation of deeds and other instruments pertaining to the Development Property. The cost If the Authority shall refuse or fail to provide any certification in accordance with the provisions of recording this Section 4.4, the Certificate of Completion shall be the responsibility of Developer. The Certificate of Completion is subject to the Affordable Housing Requirement as defined in Exhibit B and shall include a Authority shall, within thirty (30) year Affordable Housing Requirement that runs days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the land and that is applicable Developer has failed to all successors and assigns. Such thirty (30) year period shall begin on complete the date of such Certificate of Completion. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes of this Agreement, “Substantial Completion” means when the Minimum Improvements are sufficiently complete in accordance with the Construction Plans provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such that certification. (c) The construction of the Property may Minimum Improvements shall be used deemed to be commenced upon beginning of excavation for the building, and shall be deemed to be substantially completed when the Developer has received a certificate of occupancy issued by the Developer and the public Authority for the intended uses contemplated by this AgreementMinimum Improvements.

Certificate of Completion. a. Upon (A) After Substantial Completion Completion, the Developer shall give notice via recognized overnight courier against a signed receipt, or certified mail return receipt requested to the Economic Development Administrator, with a copy to their counsel, of the Improvements in accordance same, requesting a Certificate of Completion with respect to the provisions Project. Notwithstanding any other provision of this Agreement, the City Economic Development Administrator shall furnish inspect or shall cause the Developer with an instrument certifying such completion (herein called the “Certificate of Completion”). Upon written request by Xxxxxxxxx, the Property may be divided into parts or parcels, provided that such subdivision, in the reasonable opinion of the City, is not inconsistent with the Development Plan or this Agreement. At its sole discretion, the City may furnish Developer with individual Certificates of Completion upon proper completion of the Improvements relating to any such part or parcel. b. When Xxxxxxxxx considers all Project work required hereunder to be complete, in conformance with this Agreement, and ready for final inspection, it shall so notify the Director of P&DD (herein called the “Director”). Within inspected within thirty (30) days of such written notification, the Director will thereafter make or cause to be made such inspection. If, upon such inspection, the Director finds the entire work not fully completed or portions not acceptable under the terms and conditions of this Agreement, the Director will so notify Developer in writing indicating in detail in what respects Developer has failed to complete the Improvements in accordance with this Agreement or is otherwise in Default, and what measures and acts Developer must take or perform in order to cure such nonconformity or Default. Developer shall thereafter promptly complete the Improvements in accordance with such directive so as to conform the construction of the Improvements as required by this Agreement. c. Upon the Director's determination that the Project is complete and in conformance with all provisions and requirements of this Agreement, the Director shall issue the Certificate of Completion. d. Except as may be stated therein, the a request for a Certificate of Completion and shall be a conclusive acknowledgment by P&DD of satisfaction by Developer of its obligations under this Agreement for the portion of the Property addressed by the Certificate of Completion. The furnish such Certificate of Completion shall not, however, constitute evidence within forty-five (45) days of compliance with or satisfaction of (i) any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof, or (ii) the requirements of any department, agency or entity with respect to any building, occupancy, or other permits. e. The Developer’s request therefor. A Certificate of Completion shall be in such form as can will enable it to be recorded against on the Property. The cost of recording the New Haven Land Records. (B) A Certificate of Completion shall be a conclusive determination of the responsibility satisfaction of the Developer. The Certificate of Completion is subject ’s obligation to construct the Affordable Housing Requirement as defined in Exhibit B Developers Improvements and shall include a thirty (30) year Affordable Housing Requirement state that runs with the land and that is applicable Developer’s obligations to all successors and assigns. Such thirty (30) year period shall begin on construct the date Developers Improvements have been Substantially Completed, the effect of the issuance of such Certificate of CompletionCompletion shall mean all rights of the City with respect to the Property as set forth in this Agreement shall terminate. f. The Certificate of Completion shall be in such form as can be recorded against the Property. The cost of recording the Certificate of Completion shall be the responsibility of City. g. For purposes (C) Notwithstanding any other provision of this Agreement, “Substantial Completion” means when if the Improvements are sufficiently complete Economic Development Administrator shall refuse or fail to provide a Certificate of Completion in accordance with the Construction Plans provisions of this Section, the Economic Development Administrator shall, within such that forty-five (45) day period, provide the Property may Developer with a written statement setting forth in adequate detail in what respects the Developer has failed to complete the Project, and what measures or acts will be used in necessary for the Developer to take or perform in order to obtain a Certificate of Completion the Project. Following receipt of such written statement, the Developer shall promptly carry out the corrective measures or acts described in the written statement, and a Certificate of Completion will be delivered to the Developer within fifteen (15) days of the completion by the Developer of the items set forth in the written statement. In the event of any dispute between the City and the public for Developer with respect to the intended uses contemplated by issuance of the Certificate of Completion, the parties shall participate in the Dispute Resolution Procedure set forth herein. (D) Notwithstanding any other provision of this Agreement., if the Economic Development Administrator shall fail to provide the Developer with a Certificate of Completion or with a written statement within such forty-five