Dilapidation Survey Clause Samples

Dilapidation Survey. (a) As soon as reasonably practicable following completion of the Works as determined in accordance with Schedule 1, ARTC or its Contractor must instruct the Condition Consultant to inspect the Infrastructure and, if Asset Owner reasonably requires a Dilapidation Survey of one or more of the Infrastructure, the Condition Consultant will prepare a survey detailing the condition of the Infrastructure. (b) ARTC or its Contractor must instruct the Condition Consultant to: (i) provide a draft of the Dilapidation Survey to ARTC and Asset Owner; and (ii) take into account ARTC and Asset Owner's comments on the draft Dilapidation Survey and incorporate such of those comments in a further draft of the Dilapidation Survey as the Condition Consultant considers appropriate and provide a copy of the further draft Dilapidation Surveys to ARTC and Asset Owner for approval. (c) ARTC and Asset Owner must consult and act reasonably in order to promptly agree the draft Dilapidation Survey. If the draft Dilapidation Surveys is not agreed within a reasonable time of Asset Owner and ARTC first being provided with a copy of the draft Dilapidation Survey, the matters in dispute may be referred by either Asset Owner or ARTC for determination in accordance with clause 11. i Public Liability Public Liability $20,000,000 each and every occurrence. Until the expiry of the Defects Correction Period (a) Is with an approved insurer as defined in clause 1 of the Definitions and Notes below; (b) Is governed by the law of State or Territory specified in Schedule 1 and subject to Australian jurisdictions as defined in clause 2 of the Definitions and Notes below; ITEM TYPES OF INSURANCES MINIMUM SUM INSURED PERIOD OF INSURANCE INSURANCE COVER IS TO INCLUDE THE FOLLOWING (c) Includes contractors and sub-contractors for their respective rights, interests, and liabilities as an additional insured; and (d) Includes a cross liability clause as defined in clause 3 of the Definitions and Notes below.

Dilapidation Survey. 19.1 The Authority may conduct a dilapidation survey for the purpose of determining the physical condition and state of maintenance of the Prison five years after the date hereof and thereafter every two years. The dates of every such survey shall be notified to the Contractor not less than 7 days in advance of the survey taking place. The costs of such surveys shall be borne by the Authority. 19.2 Where, following a survey referred to in Clause 19.1 or Clause 52.1, the condition of the Prison as shown by such survey is found in the reasonable opinion of the Authority to have fallen below the standards of repair and maintenance set out in Clause 17 (Maintenance of Prison) and Schedule C, the Authority shall notify the Contractor of the work it reasonably believes is required to be done to bring the Prison to the requisite contractual standard. Within 7 days of such notification (or such longer period as is reasonable in the circumstances) the Contractor shall commence such works, or procure such works to be commenced, at the Contractor's cost. The works shall be completed within such period as is reasonably set by the Authority in the notice to the Contractor (or, in the case of a final dilapidation survey carried out in accordance with Clause 52.1, on or before the Termination Date or Expiry Date, as applicable). 19.3 Where, following any survey, the Contractor fails to effect any and all repairs and/or maintenance required pursuant to Clause 19.2 or required following resolution of any dispute regarding the same pursuant to Clause 72 to the reasonable satisfaction of the Authority, within the reasonable time specified (or, in the case of a final dilapidation survey carried out in accordance with Clause 52.1, on or before the Termination Date or Expiry Date, as applicable), the Authority shall be entitled to carry out such unremedied repairs and/or maintenance itself, or to procure the same, at the Contractor's cost and shall be entitled to set off its costs against any amounts payable to the Contractor hereunder.

Dilapidation Survey. This subclause 24.9 only applies if Item 22C provides that the Contractor is to provide a dilapidation survey. Unless the Contract requires the dilapidation survey to be provided earlier, the Contractor must, prior to commencing any work on or adjacent to the site, carry out a dilapidation survey and submit a copy of the dilapidation survey to the Superintendent for approval pursuant to subclause 8.3. If requested by the Contractor, the Superintendent may attend the carrying out of the dilapidation survey.'