Common use of Design and Construction of Works Clause in Contracts

Design and Construction of Works. (a) The Distributor will prepare the Construction Design which will be consistent with the Drawing (if provided). (b) Once the Construction Design has been completed, the Distributor will construct the Works on the least cost technically acceptable basis and in accordance with this Contract. (c) The Distributor may give the Customer a written notice requesting a variation to the Drawing (if provided) where: (i) there is a physical condition on the Land or its near surrounds which differs from the physical conditions which should reasonably have been anticipated by the Distributor; or (ii) land access rights such as a Registered Easement or Substation Lease, is required by the Distributor in respect of land that the Customer does not control, and Customer is unable to procure such land access rights in favour of the Distributor; or (iii) any change to any relevant law comes into effect on or after the Commencement Date. (d) If, within 10 Business Days of the Customer receiving the notice under clause 4.3(c), the Customer does not accept the requested variation to the Drawing, either party may give written notice to terminate this Contract immediately. The Distributor will stop carrying out the Works during the 10 Business Days unless the Customer gives the Distributor a written request to continue the Works. The Completion Date will be automatically extended by the same number of Business Days during which the Distributor stops carrying out the Works.

Design and Construction of Works. (a) The Distributor will prepare the Construction Design which will be consistent with the Drawing (if provided). (b) Once the Construction Design has been completed, the Distributor will construct the Works on the least cost technically acceptable basis and in accordance with this Contract. (c) The Distributor may give the Customer a written notice requesting a variation to the Drawing (if provided) where: (i) there is a physical condition on the Land or its near surrounds which differs from the physical conditions which should reasonably have been anticipated by the Distributor; or (ii) land access rights such as a Registered Easement or Substation Lease, is required by the Distributor in respect of land that the Customer does not control, and Customer is unable to procure such land access rights in favour of the Distributor; or (iii) any change to any relevant law comes into effect on or after the Commencement Date. (d) If, within 10 Business Days of the Customer receiving the notice under clause 4.3(c), the Customer does not accept the requested variation to the Drawing, either party may give written notice to terminate this Contract immediately. The Distributor will stop carrying out the Works during the 10 Business Days unless the Customer gives the Distributor a written request to continue the Works. The Completion Date will be automatically extended by the same number of Business Days during which the Distributor stops carrying out the Works. (e) No comments or review by the Distributor or failure by the Distributor to identify a deficiency in any information or documents submitted by the Customer to the Distributor relieves the Customer of any of its obligations or liabilities under this Contract or will result in the Distributor assuming any responsibility for any of the Customer’s obligations under this Contract.