Common use of Consequence of Buyer Review or Approval Clause in Contracts

Consequence of Buyer Review or Approval. SELLER ACKNOWLEDGES AND AGREES THAT NONE OF (A) THE REVIEW, CONSIDERATION, COMMENTING, INSPECTION, OBSERVATION, WITNESSING, APPROVAL, OR REJECTION (OR FAILURE TO REVIEW, CONSIDER, COMMENT, INSPECT, OBSERVE, WITNESS, APPROVE, OR REJECT) BY BUYER, ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, INCLUDING THE BUYER CONTRACT MANAGER, OF OR ON ANY PORTION OF THE WORK, INCLUDING DEVELOPMENT, DESIGN, ENGINEERING, PROCUREMENT, CONSTRUCTION, COMMISSIONING, AND TESTING WORK, WHETHER SUCH WORK IS PERFORMED BY SELLER OR ANY OF ITS CONTRACTORS OR SUBCONTRACTORS, OR (B) THE MAKING OF ANY REQUEST (INCLUDING ANY REQUEST THAT RESULTS IN A BUYER-DIRECTED CHANGE ORDER) BY BUYER, ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, INCLUDING THE BUYER CONTRACT MANAGER, SHALL, UNDER ANY CIRCUMSTANCE, (I) CONSTITUTE OR SERVE AS A BASIS FOR ANY LIABILITY OF BUYER, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, (II) RELIEVE SELLER OF ANY OF ITS OBLIGATIONS HEREUNDER OR IN ANY WAY AFFECT OR REDUCE SELLER’S OBLIGATION TO COMPLETE THE WORK IN ACCORDANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, OR (III) CONSTITUTE AN AGREEMENT THAT SUCH WORK IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, EXCEPT THAT A WRITTEN APPROVAL BY BUYER OF A MECHANICAL COMPLETION CERTIFICATE, SUBSTANTIAL COMPLETION CERTIFICATE, OR FINAL COMPLETION CERTIFICATE SHALL CONSTITUTE ACKNOWLEDGMENT BY BUYER THAT SUCH MILESTONE HAS BEEN ACHIEVED BUT SHALL NOT PREVENT OR LIMIT BUYER FROM MAKING CLAIMS WITH RESPECT TO ANY DEFECTIVE WORK OR SELLER’S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT.

Consequence of Buyer Review or Approval. SELLER ACKNOWLEDGES AND AGREES THAT NONE OF (A) THE REVIEW, CONSIDERATION, COMMENTING, INSPECTION, OBSERVATION, WITNESSING, APPROVAL, OR REJECTION (OR FAILURE TO REVIEW, CONSIDER, COMMENT, INSPECT, OBSERVE, WITNESS, APPROVE, OR REJECT) BY BUYER, ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, INCLUDING THE BUYER CONTRACT MANAGER, OF OR ON ANY PORTION OF THE WORK, INCLUDING DEVELOPMENT, DESIGN, ENGINEERING, PROCUREMENT, CONSTRUCTION, COMMISSIONING, AND TESTING WORK, WHETHER SUCH WORK IS PERFORMED BY SELLER OR ANY OF ITS CONTRACTORS OR SUBCONTRACTORS, OR (B) THE MAKING OF ANY REQUEST (INCLUDING ANY REQUEST THAT RESULTS IN A BUYER-DIRECTED CHANGE ORDER) BY BUYER, ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, INCLUDING THE BUYER CONTRACT MANAGER, SHALL, UNDER ANY CIRCUMSTANCE, (I) CONSTITUTE OR SERVE AS A BASIS FOR ANY LIABILITY OF BUYER, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, (II) RELIEVE SELLER OF ANY OF ITS OBLIGATIONS HEREUNDER OR IN ANY WAY AFFECT OR REDUCE SELLER’S OBLIGATION TO COMPLETE THE WORK IN ACCORDANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, OR (III) CONSTITUTE AN AGREEMENT THAT SUCH WORK IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, EXCEPT THAT A WRITTEN APPROVAL BY BUYER OF A MECHANICAL COMPLETION CERTIFICATE, SUBSTANTIAL COMPLETION CERTIFICATE, OR FINAL COMPLETION CERTIFICATE SHALL CONSTITUTE ACKNOWLEDGMENT BY BUYER THAT SUCH MILESTONE HAS BEEN ACHIEVED BUT SHALL NOT PREVENT OR LIMIT BUYER FROM MAKING CLAIMS WITH RESPECT TO ANY DEFECTIVE WORK OR SELLER’S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT.

Consequence of Buyer Review or Approval. SELLER ACKNOWLEDGES AND AGREES THAT NONE OF (A) THE REVIEW, CONSIDERATION, COMMENTING, INSPECTION, OBSERVATION, WITNESSING, APPROVAL, OR REJECTION (OR FAILURE TO REVIEW, CONSIDER, COMMENT, INSPECT, OBSERVE, WITNESS, APPROVE, OR REJECT) BY BUYER, ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, INCLUDING THE BUYER CONTRACT MANAGER, OF OR ON ANY PORTION OF THE WORK, INCLUDING DEVELOPMENT, DESIGN, ENGINEERING, PROCUREMENT, CONSTRUCTION, COMMISSIONING, AND TESTING WORK, WHETHER SUCH WORK IS PERFORMED BY SELLER OR ANY OF ITS CONTRACTORS OR SUBCONTRACTORS, OR (B) THE MAKING OF ANY REQUEST (INCLUDING ANY REQUEST THAT RESULTS IN A BUYER-DIRECTED CHANGE ORDER) BY BUYER, ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, INCLUDING THE BUYER CONTRACT MANAGER, SHALL, UNDER ANY CIRCUMSTANCE, (I) CONSTITUTE OR SERVE AS A BASIS FOR ANY LIABILITY OF BUYER, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, (II) RELIEVE SELLER OF ANY OF ITS OBLIGATIONS HEREUNDER OR IN ANY WAY AFFECT OR REDUCE SELLER’S OBLIGATION TO COMPLETE THE WORK IN ACCORDANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, OR (III) CONSTITUTE AN AGREEMENT THAT SUCH WORK IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS AGREEMENT, EXCEPT THAT A WRITTEN APPROVAL BY BUYER OF A MECHANICAL COMPLETION CERTIFICATE, SUBSTANTIAL COMPLETION CERTIFICATE, OR FINAL COMPLETION CERTIFICATE SHALL CONSTITUTE ACKNOWLEDGMENT BY BUYER THAT SUCH MILESTONE HAS BEEN ACHIEVED BUT SHALL NOT PREVENT OR LIMIT BUYER FROM MAKING CLAIMS WITH RESPECT TO ANY DEFECTIVE WORK OR SELLER’S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT.AGREEMENT.‌