Common use of Design Review Meetings Clause in Contracts

Design Review Meetings. ‌ (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, the Parties will hold design review meetings (the “Design Review Meetings”) upon the following terms:‌ (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority Representative; (ii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline Works Schedule;‌ (iii) Project Co shall circulate to the Contracting Authority Representative an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority Design Team interim drafts of designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority on the development of the Expansion Infrastructure design and provide an opportunity for dialog on compliance with the requirements of this Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) interim submissions shall be informal, shall not be reviewed in accordance with Schedule 10 - Review Procedure; (B) the requirement for Project Co to submit interim submissions that are substantially the same content and level of detail as the corresponding Proposal Part, shall not, (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (vi) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five Business Days after each Design Workshop, Project Co shall provide to the Contracting Authority Representative a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting; (vii) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made; (viii) Contracting Authority and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority shall not be bound by the input provided in connection with the Design Review Meetings; (ix) Project Co shall submit to Contracting Authority the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s submission of each of the Pre-final Design Development Submittals, the Final Design Development Submittals and the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

AutoNDA by SimpleDocs

Design Review Meetings. (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, Project Co and the Parties will Design Team shall hold design review meetings with the Contracting Authority Design Team (the “Design Review Meetings”) upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority Representative; (ii) all Design Review Meetings shall be held in person in the City of Toronto, Ontario, except where otherwise agreed by the Parties, acting reasonably; (iii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings Meetings, and Project Co shall incorporate such schedule into each of the Draft Baseline relevant Project Works Schedule;‌Schedules; (iiiiv) Project Co shall circulate to Contracting Authority and the Contracting Authority Representative Design Team an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority Design Team for comment any interim drafts of any designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority on the development of the Expansion New Metrolinx Infrastructure and New Third Party Infrastructure design and provide an opportunity for dialog dialogue on compliance with the requirements of this the Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) interim submissions shall be informal, informal and shall not be reviewed in accordance with Schedule 10 - Review Procedure;; and (B) the requirement for Project Co to submit interim submissions that are substantially the same content and level of detail as the corresponding Proposal Part, shall not, (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals or Construction Document Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal or Construction Document Submittal in accordance with Schedule 10 – Review Procedure.; (vi) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five Business Days after each Design WorkshopReview Meeting, Project Co shall provide to Contracting Authority and the Contracting Authority Representative Design Team a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting;; and (vii) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made; (viii) Contracting Authority and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Works Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority shall not be bound by the input provided in connection with the Design Review Meetings; (ix) Project Co shall submit to Contracting Authority the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s The Parties shall, together with the Contracting Authority Design Team, hold Design Review Meetings prior to the submission of of: (i) each of the Pre-final Design Development Submittals, the Final Design Development Submittals and ; and (ii) each of the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of Contracting Authority and the Contracting Authority Design Team input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure. (d) The applicable third party owners of New Third Party Infrastructure may attend Design Review Meetings relating to New Third Party Infrastructure.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

Design Review Meetings. (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, the Parties will hold user group design review meetings (the “Design Review Meetings”) upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority HMQ Representative; (ii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline Works Schedule;‌Schedule; (iii) Project Co shall circulate to the Contracting Authority HMQ Representative an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxxperson, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority Design Team interim drafts of designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority on the development of the Expansion Infrastructure design and provide an opportunity for dialog on compliance with the requirements of this Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) interim submissions shall be informal, shall not be reviewed in accordance with Schedule 10 - Review Procedure; (B) the requirement for Project Co to submit interim submissions that are substantially the same content and level of detail as the corresponding Proposal Part, shall not, (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (vi) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five two Business Days after each Design WorkshopReview Meeting, Project Co shall provide to the Contracting Authority HMQ Representative a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting; (viivi) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made; (viii) Contracting Authority HMQ and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority HMQ shall not be bound by the input provided in connection with the Design Review Meetings; (ixvii) Project Co shall submit to Contracting Authority HMQ the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule RequirementsProcedure; and (xviii) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as 15 Business Days rather than the 10 Business Days prescribed in Section 2.2 of Schedule 10 - Review Procedure. (b) Following Project Co’s submission of The Parties shall, together with the HMQ Design Team, hold Design Review Meetings prior to: (i) each of the Pre-final Design Development Submittals, the Final Design Development Submittals and ; and (ii) each of the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team HMQ input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure.

Appears in 1 contract

Samples: Project Agreement

Design Review Meetings. (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, Project Co and the Parties will Design Team shall hold design review meetings (the “Design Review Meetings”) with the City and the City Design Team upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority City Representative; (ii) all Design Review Meetings shall be held in Ottawa, Ontario unless the City agrees otherwise in writing; (iii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline Works Schedule;‌Schedule; (iiiiv) Project Co shall circulate to the Contracting Authority Representative City and the City Design Team an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 5 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority City Design Team for comment any interim drafts of any designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority the City on the development of the Expansion Infrastructure System design and provide an opportunity for dialog on compliance with the requirements of this the Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) , interim submissions shall be informal, informal and shall not be reviewed in accordance with Schedule 10 - Review Procedure; (Bvi) the requirement for Project Co to submit interim submissions that are substantially Design Review Meetings shall be held in person, except where otherwise agreed by the same content and level of detail as the corresponding Proposal PartParties, shall not,acting reasonably; (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (vivii) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five 5 Business Days after each Design WorkshopReview Meeting, Project Co shall provide to the Contracting Authority Representative City and the City Design Team a copy of the minutes, together with a copy of any notes, comments, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 82 CAN: 26350049.2 BD-#30398459-v2 sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting; (vii) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made;; and (viii) Contracting Authority the City and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority the City shall not be bound by the input provided in connection with the Design Review Meetings; (ix) Project Co shall submit to Contracting Authority the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s submission of The Parties shall, together with the City Design Team, hold Design Review Meetings prior to: (i) each of the Pre-final Design Development Submittals, the Final Design Development Submittals and ; and (ii) each of the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team City input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure.

Appears in 1 contract

Samples: Project Agreement

Design Review Meetings. (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, Project Co and the Parties will Design Team shall hold design review meetings (the “Design Review Meetings”) with the Ministry and the Ministry Design Team upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority Ministry Representative; (ii) the Ministry may, in its discretion, require Project Co to consult with and permit Stakeholders to participate in such Design Review Meetings; (iii) all Design Review Meetings shall be held in the City of Xxxxxx unless the Ministry agrees otherwise in writing; (iv) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline Works Schedule;‌Schedule; (iiiv) Project Co shall circulate to the Contracting Authority Representative Ministry, the Ministry Design Team and applicable Stakeholders an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 5 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (vvi) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority Ministry Design Team for comment any interim drafts of any designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority the Ministry on the development of the Expansion Infrastructure Bypass design and provide an opportunity for dialog dialogue on compliance with the requirements of this the Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) , interim submissions shall be informal, informal and shall not be reviewed in accordance with Schedule 10 9 - Review Procedure; (Bvii) the requirement for Project Co to submit interim submissions that are substantially Design Review Meetings shall be held in person, except where otherwise agreed by the same content and level of detail as the corresponding Proposal PartParties, shall not,acting reasonably; (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (viviii) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five 5 Business Days after each Design WorkshopReview Meeting, Project Co shall provide to the Contracting Authority Representative Ministry and the Ministry Design Team a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting;; and (viib) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made; (viii) Contracting Authority The Ministry and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 9 - Review Procedure applies, and that Contracting Authority the Ministry shall not be bound by the input provided in connection with the Design Review Meetings;, including Stakeholder input. (ixc) Project Co shall submit The Parties shall, together with the Ministry Design Team, hold Design Review Meetings prior to Contracting Authority the submission of: (i) each of the Design Development Submittals or Submittals; and (ii) each of the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s submission of each of the Pre-final Design Development Submittals, the Final Design Development Submittals and the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (cd) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team Ministry input, involvement and feedback and Stakeholder comments into the Design Data prior to submission of such Design Data in accordance with Schedule 10 9 - Review Procedure. (e) Without limiting Section 20.5(b), Project Co shall, if required by the Ministry: (i) incorporate Stakeholder input into its Design Data; and (ii) at Project Co’s sole cost and expense, use all commercially reasonable efforts to obtain written endorsement from affected Local Authorities of the design of the Bypass. (f) If, in respect of any or all Infrastructure Components, the additional cost to Project Co of incorporating Stakeholder input into such Infrastructure Component pursuant to Section 20.5(e)(i) exceeds an aggregate of (“Excess Stakeholder Input Costs”), the requirement to so incorporate Stakeholder input shall, subject to and in accordance with Schedule 19 - Variation Procedure, result in a Variation, provided that any compensation pursuant to such Variation shall be limited to the Excess Stakeholder Input Costs. (g) If, notwithstanding Project Co’s compliance with its obligations under Section 20.5(e)(ii), a Local Authority fails to provide its written endorsement within 30 days of Project Co’s application for such written endorsement, Project Co shall provide written notice to the Ministry Representative within a further 5 Business Days. The Ministry Representative shall, promptly upon receipt of the aforesaid notice from Project Co, notify Project Co that it will either: (i) waive the requirement for endorsement from such Local Authority; or (ii) confirm the requirement for endorsement from such Local Authority and require Project Co to vary the design of the Bypass in such manner as is necessary to obtain such endorsement. In the event that the Ministry Representative confirms the requirement for endorsement from such Local Authority, and requires Project Co to vary the design of the Bypass in connection therewith, such requirement shall, subject to and in accordance with Schedule 19 - Variation Procedure, result in a Variation. For the avoidance of doubt, except to the extent expressly provided in a Variation Confirmation or a Variation Directive, nothing in this Section 20.5(f) shall relieve Project Co from complying with its obligations under this Project Agreement.

Appears in 1 contract

Samples: Project Agreement

AutoNDA by SimpleDocs

Design Review Meetings. ‌ (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, the Parties will hold design review meetings (the “Design Review Meetings”) upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority Representative; (ii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline draft Works Schedule;‌ (iii) Project Co shall circulate to the Contracting Authority Representative an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at in the MTO Regional Office at 000 Xxxxxx Xxxx, XxxxxxCity of Xxxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority Design Team interim drafts of designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority on the development of the Expansion Infrastructure design and provide an opportunity for dialog on compliance with the requirements of this Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) interim submissions shall be informal, shall not be reviewed in accordance with Schedule 10 - Review Procedure; (B) the requirement for Project Co to submit interim submissions that are substantially the same content and level of detail as the corresponding Proposal Part, shall not, (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (vi) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five Business Days after each Design Workshop, Project Co shall provide to the Contracting Authority Representative a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting; (vii) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made; (viii) Contracting Authority and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority shall not be bound by the input provided in connection with the Design Review Meetings; (ix) Project Co shall submit to Contracting Authority the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Scheduling Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s submission of each of the Pre-final Design Development Submittals, the Final Design Development Submittals and the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure.

Appears in 1 contract

Samples: Project Agreement

Design Review Meetings. (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, the Parties will hold design review meetings (the “Design Review Meetings”) upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority Representative; (ii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline Works Schedule;‌Schedule; (iii) Project Co shall circulate to the Contracting Authority Representative an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at in the MTO Regional Office at 000 Xxxxxx Xxxx, XxxxxxCity of Xxxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority Design Team interim drafts of designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority on the development of the Expansion Infrastructure design and provide an opportunity for dialog on compliance with the requirements of this Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) interim submissions shall be informal, shall not be reviewed in accordance with Schedule 10 - Review Procedure; (B) the requirement for Project Co to submit interim submissions that are substantially the same content and level of detail as the corresponding Proposal Part, shall not, (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (vi) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five Business Days after each Design Workshop, Project Co shall provide to the Contracting Authority Representative a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting; (vii) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made; (viii) Contracting Authority and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority shall not be bound by the input provided in connection with the Design Review Meetings; (ix) Project Co shall submit to Contracting Authority the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Scheduling Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s submission of each of the Pre-final Design Development Submittals, the Final Design Development Submittals and the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure.

Appears in 1 contract

Samples: Project Agreement

Design Review Meetings. (a) In order to obtain user input in the preparation of, and prior to submitting, the Design Development Submittals and the Construction Document Submittals, Project Co and the Parties will Design Team shall hold design review meetings (the “Design Review Meetings”) with the City and the City Design Team upon the following terms:‌terms: (i) the Project Co Representative shall arrange the Design Review Meetings in consultation with the Contracting Authority City Representative; (ii) all Design Review Meetings shall be held in the City of Ottawa unless the City agrees otherwise in writing; (iii) the Parties shall cooperate to develop a reasonable schedule for the Design Review Meetings and shall incorporate such schedule into the Draft Baseline draft Works Schedule;‌Schedule; (iiiiv) Project Co shall circulate to the Contracting Authority Representative City and the City Design Team an agenda for each of the Design Review Meetings no later than 10 Business Days prior to the relevant Design Review Meeting and all drawings and meeting material no later than 7 Business Days prior to the relevant Design Review Meeting, unless otherwise agreed by the Contracting Authority Representative; (iv) the Design Review Meetings shall be held in person at the MTO Regional Office at 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, except where otherwise agreed by the Parties, acting reasonably; (v) in advance of a Design Review Meeting, Project Co may submit to the Contracting Authority City Design Team for comment any interim drafts of any designs or plans required under this Project Agreement, which submissions shall be used to inform Contracting Authority the City on the development of the Expansion System Infrastructure and New Municipal Infrastructure design and provide an opportunity for dialog on compliance with the requirements of this the Project Agreement. If a Proposal Part corresponds to the interim submissions, then Project Co shall ensure that the interim submissions are substantially the same content and level of detail as the corresponding Proposal Part. For greater certainty, (A) , interim submissions shall be informal, informal and shall not be reviewed in accordance with Schedule 10 - Review Procedure; (Bvi) the requirement for Project Co to submit interim submissions that are substantially Design Review Meetings shall be held in person, except where otherwise agreed by the same content and level of detail as the corresponding Proposal PartParties, shall not,acting reasonably; (I) lessen, reduce or otherwise modify or amend Contracting Authority’s rights under the Project Agreement to review any Design Development Submittals in accordance with Schedule 10 – Review Procedure; or (II) constitute acceptance by the Contracting Authority of the corresponding Proposal Part or any Design Development Submittal in accordance with Schedule 10 – Review Procedure. (vivii) Project Co shall maintain minutes of the Design Review Meetings, including possible design solutions and changes in design, and, within five 5 Business Days after each Design WorkshopReview Meeting, Project Co shall provide to the Contracting Authority Representative City and the City Design Team a copy of the minutes, together with a copy of any notes, comments, sketches, drawings, tracings, lay-outs, plans or diagrams prepared at the Design Review Meeting; (vii) If the Contracting Authority Representative has comments on the minutes of a Design Review Meeting, Project Co shall address and incorporate such comments within two Business Days after such comments were made;; and (viii) Contracting Authority the City and Project Co agree that the subject matter of the Design Review Meetings shall not be regarded as Submittals to which Schedule 10 - Review Procedure applies, and that Contracting Authority the City shall not be bound by the input provided in connection with the Design Review Meetings; (ix) Project Co shall submit to Contracting Authority the Design Development Submittals or the Construction Document Submittals, as applicable, for review pursuant to Schedule 10 - Review Procedure and Schedule 12 – Works Schedule Requirements; and (x) the Parties agree that, with respect to the Design Development Submittals and the Construction Document Submittals, the period for review shall be as prescribed in Schedule 10 - Review Procedure. (b) Following Project Co’s The Parties shall, together with the City Design Team, hold Design Review Meetings prior to the submission of of: (i) each of the Pre-final Design Development Submittals, the Final Design Development Submittals and ; and (ii) each of the Construction Document Submittals, the Parties shall hold Design Review Meetings with respect to the matters related to the applicable Design Development Submittals or Construction Document Submittals, and any other Design Review Meetings required by Project Co or Contracting Authority, acting reasonably. (c) The purpose of the Design Review Meetings is to facilitate the incorporation of the Contracting Authority Design Team City input, involvement and feedback into the Design Data prior to submission of such Design Data in accordance with Schedule 10 - Review Procedure.

Appears in 1 contract

Samples: Project Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!