Common use of Access, Inspection and Testing Clause in Contracts

Access, Inspection and Testing. The Contractor acknowledges and agrees that, at all times until the end of the Term, the Province shall have full and free access to: (a) the Lands; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project or the O&M are fabricated or stored; for the purpose of inspecting the Lands or materials to be used in the Project or the O&M so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the Lands; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspection, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project or the O&M.

Appears in 4 contracts

Samples: Design, Build, Finance and Operate Agreement, Dbfo Agreement, Design, Build, Finance and Operate Agreement

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Access, Inspection and Testing. The Contractor acknowledges and agrees that, at all times until the end of the Term, the Province shall have full and free access to: (a) the Lands; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project or the O&M are fabricated or stored; for the purpose of inspecting the Lands or materials to be used in the Project or the O&M so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the Lands; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspection, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project or the O&M.Project.

Appears in 1 contract

Samples: Agreement to Design and Build

Access, Inspection and Testing. The Contractor acknowledges and agrees that, at all times until the end of the Term, the Province shall have full and free access to: (a) the LandsSchool Sites and the Schools; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project or the O&M M&R are fabricated or stored; for the purpose of inspecting the Lands School Sites and the Schools or materials to be used in the Project or the O&M M&R so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the LandsSchool Sites and the Schools; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspection, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project or the O&M.M&R.

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

Access, Inspection and Testing. The Contractor acknowledges and agrees that, shall at all times until the end of the Term, Term allow the Province shall have full and free access to: (a) the Leased Lands; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project or the O&M are fabricated or stored; for the purpose of inspecting the Leased Lands or materials to be used in the Project or the O&M so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the Lands; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspectionpurpose, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project or the O&M.

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Access, Inspection and Testing. The Contractor acknowledges and agrees that, at all times until the end of the Term, the Province shall have full and free access to: (a) the Lands; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project or the O&M are fabricated or stored; for the purpose of inspecting the Lands or materials to be used in the Project or the O&M so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the Lands; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspection, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project or the O&M.

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

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Access, Inspection and Testing. The Contractor acknowledges and agrees that, at all times until the end of the Term, the Province shall have full and free access to: (a) the Lands; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project Project, the Existing Facilities O&M or the O&M are fabricated or stored; for the purpose of inspecting the Lands or materials to be used in the Project Project, the Existing Facilities O&M or the O&M so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the Lands; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspection, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project Project, the Existing Facilities O&M or the O&M.

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Access, Inspection and Testing. The Contractor acknowledges and agrees that, at all times until the end of the Term, the Province shall have full and free access to: (a) the LandsSchool Sites and the Schools; and (b) on reasonable prior notice, any site occupied by the Contractor or to which the Contractor has access, where materials to be used in the Project or the O&M M&R are fabricated or stored; for the purpose of inspecting the Lands School Sites and the Schools or materials to be used in the Project or the O&M M&R so as to be able to determine compliance by the Contractor with the terms of this Agreement; and such access shall not of itself be construed as constituting disturbance or interference with the Contractor’s uninterrupted access to the LandsSchool Sites and the Schools; provided however that the Contractor may exercise reasonable control over such access for reasons of safety and operational efficiency. For the purpose of such inspection, the Province may at all reasonable times and subject to the reasonable requirements of third party suppliers, perform any measurement, test or other observation or investigation. The Contractor shall provide reasonable cooperation (but without obligation to incur material expense) to facilitate any such measurements, tests or other observations or investigations. The Province shall conduct all such measurements, tests, observations and investigations in a manner that will not materially disturb, interfere with or disrupt the Project or the O&M.M&R.

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

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