Common use of Comments Clause in Contracts

Comments. 3.1 The Authority will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Authority will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Authority’s review. The Design-Builder will, to the extent necessary, correct these Submittals and provide a copy of such Submittals to the Authority before the Design- Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped “CORRECT DEFICIENCIES”, then the Design- Builder will be required to modify the Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Authority’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Authority will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the Authority, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Authority may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the Authority, and the Design-Builder will extend such time for any reasonable requests by the Authority. 3.7 If the Authority does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required. 3.8 Where the Authority issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Authority will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Authority or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Authority may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the Authority’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Authority may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Authority Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Authority Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the AuthorityOwner’s review. The Design-Builder will, to the extent necessary, correct these Submittals and provide a copy of such Submittals to the Authority Owner before the Design- Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped “CORRECT DEFICIENCIES”, then the Design- Builder will be required to modify the Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the AuthorityOwner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Authority Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the AuthorityOwner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Design- Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Authority Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the AuthorityOwner, and the Design-Builder will extend such time for any reasonable requests by the AuthorityOwner. 3.7 If the Authority Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required. 3.8 Where the Authority Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Authority Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Authority Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Authority Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the AuthorityOwner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Authority Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Authority Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Authority Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;REVIEWED”;‌ (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”.REJECTED”.‌ 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the AuthorityOwner’s review. The Design-Builder will, will to the extent necessary, necessary correct these Submittals and provide a copy of such Submittals to the Authority Owner before the Design- Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped “"CORRECT DEFICIENCIES”", then the Design- Design-Builder will be required to modify the Submittals, Submittals and the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the AuthorityOwner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Authority Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the AuthorityOwner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Authority Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the AuthorityOwner, and the Design-Builder will extend such time for any reasonable requests by the AuthorityOwner. 3.7 If the Authority Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.required.‌ 3.8 Where the Authority Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Authority Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy., and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌ 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Authority Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Authority Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the AuthorityOwner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Authority Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Authority Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal, provided that if, in the Owner’s opinion, acting reasonably, additional information is required to be included in any Submittal in order for the Owner to carry out its review pursuant to this Schedule 2 – Review Procedure, the Design-Builder will promptly provide such additional information and the time period for review will not commence for such Submittal until the Owner has received all such information. 3.2 The Authority Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the AuthorityOwner’s review. The Design-Design- Builder will, to the extent necessary, correct these Submittals and provide a copy of such Submittals to the Authority Owner before the Design- Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped “"CORRECT DEFICIENCIES”", then the Design- Design-Builder will be required to modify the Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the AuthorityOwner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-re- submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Authority Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the AuthorityOwner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Authority Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the AuthorityOwner, and the Design-Builder will extend such time for any reasonable requests by the AuthorityOwner. 3.7 If the Authority Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required. 3.8 Where the Authority Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Authority Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the this Agreement (including the Statement of Requirements) that the Submittal fails to satisfy. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Authority Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Authority Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 64 (Dispute Resolution) of the this Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the AuthorityOwner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Authority Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Authority will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Authority will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”"; (b) “CORRECT DEFICIENCIES”"; (c) REJECTED"; or (cd) “REJECTED”NOT-REVIEWED". 3.3 The comment “"REVIEWED” " will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “"CORRECT DEFICIENCIES” " will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Authority’s 's review. The Design-Builder will, to the extent necessary, correct these Submittals and provide a copy of such Submittals to the Authority before the Design- Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped “"CORRECT DEFICIENCIES”", then the Design- Design-Builder will be required to modify the Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Authority’s 's discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “"REJECTED” " will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Design- Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Authority will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the Authority, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “"REJECTED” " relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The comment "NOT-REVIEWED" will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, are not required to be reviewed pursuant to this Agreement, including this Schedule 2- Review Procedure. The Submittal will be returned to the Design-Builder with no action taken by the Authority. 3.7 The Authority may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the Authority, and the Design-Builder will extend such time for any reasonable requests by the Authority. 3.7 3.8 If the Authority does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “"REVIEWED” " and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required. 3.8 3.9 Where the Authority issues the comment “"CORRECT DEFICIENCIES” " or “"REJECTED”", the Authority will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy. 3.9 3.10 If at any time after assigning any comment to a Submittal or where Section 3.7 3.8 of this Schedule has applied, the Authority or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Authority may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 3.11 For the purpose of facilitating and expediting the review and correction of Submittals, the Authority’s 's Representative and the Design-Builder’s 's Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 3.12 In lieu of returning a Submittal, the Authority may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “"CORRECT DEFICIENCIES” " or “"REJECTED” " the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Authority Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Authority Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the AuthorityOwner’s review. The Design-Builder will, to the extent necessary, correct these Submittals and provide a copy of such Submittals to the Authority Owner before the Design- Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped “"CORRECT DEFICIENCIES”", then the Design- Design-Builder will be required to modify the Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the AuthorityOwner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the AuthorityOwner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure2. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Authority Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the prior written consent of the AuthorityOwner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Authority Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the AuthorityOwner, and the Design-Builder will extend such time for any reasonable requests by the AuthorityOwner. 3.7 If the Authority Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required. 3.8 Where the Authority Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Authority Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the this Agreement (including the Statement of Requirements) that the Submittal fails to satisfy. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule 2 has applied, the Authority Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Authority Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the this Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the AuthorityOwner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Authority Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.