Common use of Effect of Review Clause in Contracts

Effect of Review. Any Submitted Item which is returned or deemed to have been returned by the Authority's Representative endorsed "no comment" (and in the case of Reviewable Design Data, endorsed "Level A - no comment") shall be complied with or implemented (as the case may be) by xxxxx. In the case of any Submitted Item other than Reviewable Design Data, if the Authority's Representative returns the Submitted Item to hubco endorsed "comments", hubco shall comply with such Submitted Item after amendment in accordance with the comments unless hubco disputes that any such comment is on grounds permitted by this Agreement, in which case hubco or the Authority's Representative may refer the matter for determination in accordance with Schedule Part 15 (Dispute Resolution Procedure) and hubco shall not act on the Submitted Item until such matter is so determined or otherwise agreed. In the case of a Submitted Item comprising Reviewable Design Data, if the Authority's Representative returns the Submitted Item endorsed other than "Level A - no comment", hubco shall: where the Authority's Representative has endorsed the Submitted Item "Level B - proceed subject to amendment as noted", either proceed to construct or proceed to the next level of design of the part of the Works to which the Submitted Item relates but take into account any amendments required by the Authority's Representative in his comments; where the Authority's Representative has endorsed the Submitted Item "Level C - subject to amendment as noted" not act upon the Submitted Item, amend the Submitted Item in accordance with the Authority's Representative's comments and re-submit the same to the Authority's Representative in accordance with paragraph 4.4; and where the Authority's Representative has endorsed the Submitted Item "Level D - rejected" not act upon the Submitted Item, amend the Submitted Item and re-submit the Submitted Item to the Authority's Representative in accordance with paragraph 4.4,

Effect of Review. 4.1. Any Submitted Item which is returned or deemed to have been returned by the Authority's Representative endorsed "no comment" (and in the case of Reviewable Design Data, endorsed "Level A - no comment") shall be complied with or implemented (as the case may be) by xxxxxthe Contractor. 4.2. In the case of any Submitted Item other than Reviewable Design Data, if the Authority's Representative returns the Submitted Item to hubco the Contractor endorsed "comments", hubco the Contractor shall comply with such Submitted Item after amendment in accordance with the comments unless hubco the Contractor disputes that any such comment is on grounds permitted by this AgreementContract, in which case hubco the Contractor or the Authority's Representative may refer the matter for determination in accordance with Schedule Part 15 22 (Dispute Resolution Procedure) and hubco the Contractor shall not act on the Submitted Item until such matter is so determined or otherwise agreed. 4.3. In the case of a Submitted Item comprising Reviewable Design Data, if the Authority's Representative returns the Submitted Item endorsed other than "Level A - no comment", hubco the Contractor shall: : 4.3.1. where the Authority's Representative has endorsed the Submitted Item "Level B - proceed subject to amendment as noted", either proceed to construct or proceed to the next level of design of the part of the Works to which the Submitted Item relates but take into account any amendments required by the Authority's Representative in his comments; ; 4.3.2. where the Authority's Representative has endorsed the Submitted Item "Level C - subject to amendment as noted" not act upon the Submitted Item, amend the Submitted Item in accordance with the Authority's Representative's comments and re-re- submit the same to the Authority's Representative in accordance with paragraph 4.4; and and 4.3.3. where the Authority's Representative has endorsed the Submitted Item "Level D - rejected" not act upon the Submitted Item, amend the Submitted Item and re-submit the Submitted Item to the Authority's Representative in accordance with paragraph 4.4,; unless the Contractor disputes that any such comment or proposed amendment is on grounds permitted by this Contract, in which case the Contractor or the Authority's Representative may refer the matter for determination in accordance with Schedule 22 (Dispute Resolution Procedure) and the Contractor shall not act on the Submitted Item until such matter is so determined or otherwise agreed. If the Contractor commences or permits the commencement of construction during such a dispute and it is subsequently determined in accordance with Schedule 22 (Dispute Resolution Procedure) that the Contractor was not entitled to proceed with construction in accordance with paragraph 4 of Schedule 9 (Review Procedure) then the Contractor shall forthwith, at its own cost, undo, remove from the Site and replace (in a manner complying with this Contract) any parts of the Works which it has been determined the Contractor was not entitled to construct. 4.4. Within five (5) Business Days of receiving the comments of the Authority's Representative on any Submitted Item comprising Reviewable Design Data, the Contractor shall (except in the case contemplated in paragraph 4.3.1 Level B) send a copy of the Submitted Item as amended to the Authority's Representative pursuant to paragraph 4.3 and the provisions of paragraphs 1.3.1, 4.1 and 4.3 shall apply (changed according to context) to such re-submission. 4.5. The return or deemed return of any Submitted Item endorsed "no comment" (or in the case of Reviewable Design Data endorsed "Level A - no comment" or otherwise endorsed in accordance with paragraph 4.3.1 Level B or 4.3.2 Level C) shall mean that the relevant Submitted Item may be used or implemented for the purposes for which it is intended but, save to the extent expressly stated in this Contract, such return or deemed return of any Submitted Item shall not otherwise relieve the Contractor of its obligations under this Contract nor is it an acknowledgement by the Authority that the Contractor has complied with such obligations.

Effect of Review. Any Submitted Item which is returned or deemed to have been returned by the Authority's Representative endorsed "no comment" (and in the case of Reviewable Design Data, endorsed "Level A - no comment") shall be complied with or implemented (as the case may be) by xxxxxthe Contractor. In the case of any Submitted Item other than Reviewable Design Data, if the Authority's Representative returns the Submitted Item to hubco the Contractor endorsed "comments", hubco the Contractor shall comply with such Submitted Item after amendment in accordance with the comments unless hubco the Contractor disputes that any such comment is on grounds permitted by this AgreementContract, in which case hubco the Contractor or the Authority's Representative may refer the matter for determination in accordance with Schedule Part 15 22 (Dispute Resolution Procedure) and hubco the Contractor shall not act on the Submitted Item until such matter is so determined or otherwise agreed. In the case of a Submitted Item comprising Reviewable Design Data, if the Authority's Representative returns the Submitted Item endorsed other than "Level A - no comment", hubco the Contractor shall: where the Authority's Representative has endorsed the Submitted Item "Level B - proceed subject to amendment as noted", either proceed to construct or proceed to the next level of design of the part of the Works to which the Submitted Item relates but take into account any amendments required by the Authority's Representative in his comments; where the Authority's Representative has endorsed the Submitted Item "Level C - subject to amendment as noted" not act upon the Submitted Item, amend the Submitted Item in accordance with the Authority's Representative's comments and re-submit the same to the Authority's Representative in accordance with paragraph 4.4; and where the Authority's Representative has endorsed the Submitted Item "Level D - rejected" not act upon the Submitted Item, amend the Submitted Item and re-submit the Submitted Item to the Authority's Representative in accordance with paragraph 4.4,; unless the Contractor disputes that any such comment or proposed amendment is on grounds permitted by this Contract, in which case the Contractor or the Authority's Representative may refer the matter for determination in accordance with Schedule Part 22 (Dispute Resolution Procedure) and the Contractor shall not act on the Submitted Item until such matter is so determined or otherwise agreed. If the Contractor commences or permits the commencement of construction during such a dispute and it is subsequently determined in accordance with Schedule Part 22 (Dispute Resolution Procedure) that the Contractor was not entitled to proceed with construction in accordance with paragraph 4 of this Schedule Part 9 (Review Procedure) then the Contractor shall forthwith, at its own cost, undo, remove from the Site and replace (in a manner complying with this Contract) any parts of the Works which it has been determined the Contractor was not entitled to construct. Within [five (5)] Business Days of receiving the comments of the Authority's Representative on any Submitted Item comprising Reviewable Design Data, the Contractor shall (except in the case contemplated in paragraph 4.3.1 Level B) send a copy of the Submitted Item as amended to the Authority's Representative pursuant to paragraph 4.3 and the provisions of paragraphs 1.2.1, 4.1 and 4.3 shall apply (changed according to context) to such re-submission. The return or deemed return of any Submitted Item endorsed "no comment" (or in the case of Reviewable Design Data endorsed "Level A - no comment" or otherwise endorsed in accordance with paragraph 4.3.1 Level B or 4.3.2 Level C) shall mean that the relevant Submitted Item may be used or implemented for the purposes for which it is intended but, save to the extent expressly stated in this Contract, such return or deemed return of any Submitted Item shall not otherwise relieve the Contractor of its obligations under this Contract nor is it an acknowledgement by the Authority that the Contractor has complied with such obligations.