Increased Monitoring. If the Developer is assessed 100 or more Non-Compliance Points during any 365 Day cycle or maintains 50 or more uncured Non-Compliance Points at any time as described in Section 11.04, the Department may increase the level of monitoring of the Project in accordance with Section 10.04. The Developer will compensate the Department for its Allocable Costs incurred as a result of such increased level of monitoring. The Developer may submit a cure plan describing specific actions the Developer will undertake to improve its performance and avoid the need for increased monitoring, which the Department may accept or reject.
Increased Monitoring. 13.2 If, following any viewing, visit or inspection made pursuant to Clause 13.1.1 (Access to the Site), it is discovered that there are Defects in the Works or that D&B Co has failed to comply with the Authority's Construction Requirements or D&B Co's Proposals, the Authority's Representative may (without prejudice to any other right or remedy available to the Authority) by notice to D&B Co increase the level of monitoring of D&B Co until such time as D&B Co shall have demonstrated to the satisfaction of the Authority that it is capable of performing and will perform all its obligations to the Authority under this Agreement. D&B Co shall compensate the Authority for any reasonable additional costs incurred as a result of such increased monitoring.
Increased Monitoring. If the Concessionaire is assessed 135 or more Performance Points during any 365 day cycle or maintains 30 (or any higher applicable number during the phase-in period) or more uncured Performance Points at any time as described in Section 8.16(d), the Department may increase the level of monitoring of the Project in accordance with Section 10.03. The Concessionaire shall compensate the Department for its Allocable Costs incurred as a result of such increased level of monitoring. The Concessionaire may submit a cure plan describing specific actions the Concessionaire will undertake to improve its performance and avoid the need for increased monitoring, which the Department may accept or reject.
Increased Monitoring. (a) If, at any stage, HMQ is of the opinion, acting reasonably, that there are defects in the Works or that Project Co has failed to comply, in any material respect, with the requirements of this Project Agreement (including the Output Specifications and the Project Co Proposal Extracts), HMQ may, without prejudice to any other right or remedy available to it, by notice to Project Co, increase the level of monitoring of Project Co from that set out in this Project Agreement to such level as HMQ considers reasonable taking into account the nature of the relevant defect or failure until such time as Project Co shall have demonstrated, to HMQ’s satisfaction, that it is capable of performing and will perform, in all material respects, its obligations related to the Works under this Project Agreement. Project Co will compensate HMQ for any reasonable costs incurred as a result of such increased monitoring.
Increased Monitoring. 13.2 If, following any viewing, visit or inspection made pursuant to Clause 13.1.1 (Access to the Site[s]), it is discovered that there are Defects in the Works or that Project Co has failed to comply with the Authority's Construction Requirements or Project Co's Proposals, the Authority's Representative may (without prejudice to any other right or remedy available to the Authority) by notice to Project Co increase the level of monitoring of Project Co until such time as Project Co shall have demonstrated to the satisfaction of the Authority that it is capable of performing and will perform all Tester. Authorities should discuss their intended approach with the Welsh Government and seek guidance in relation to assurance processes. its obligations to the Authority under this Agreement. Project Co shall compensate the Authority for any reasonable additional costs incurred as a result of such increased monitoring.
Increased Monitoring. (a) If, at any stage, IO is of the opinion, acting reasonably, that there are defects in the Works or that Project Co has failed to comply, in any material respect, with the requirements of this Project Agreement, IO may, without prejudice to any other right or remedy available to it, by notice to Project Co, increase the level of monitoring of Project Co from that set out in this Project Agreement to such level as IO considers reasonable taking into account the nature of the relevant defect or failure until such time as Project Co shall have demonstrated, to IO’s satisfaction, that it is capable of performing and will perform, in all material respects, its obligations related to the Works under this Project Agreement. Project Co will compensate IO for any reasonable costs incurred as a result of such increased monitoring.
Increased Monitoring. If, following any viewing, visit or inspection made by the Authority, it is discovered that there are defects in the Works or that the Contractor has materially failed to comply with the Facilities Output Specification or the Construction Proposals, the Authority may (without prejudice to any other right or remedy available to it) by notice to the Contractor increase the level of its monitoring of the Contractor until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Authority that it is capable of performing and will perform all its obligations under this Agreement. Damage Subject to clause 65.14 (Claims), if the Authority or an Authority Related Party causes material damage to the Site in exercising any right under this clause 19 (Monitoring and Inspection), then such damage shall be deemed to be a Compensation Event. NOTIFICATION OF ICT HANDOVER, SERVICES AVAILABILITY [AND/OR ACCEPTANCE OF POST COMPLETION WORKS] Inspection of a School The Contractor shall give the Schools’ Representatives (in respect of the relevant School) and give the Authority and the Independent Certifier (in respect of all Schools) not less than five (5) Business Days' notice of the date when it proposes to inspect a School with a view to achieving: the issue of the ICT Handover Certificate in respect of the relevant School; and/or the issue of the Acceptance Certificate in respect of the relevant School; and/or [the issue of the Post Completion Works Acceptance Certificate in respect of the relevant School;], and on such dates the Independent Certifier shall inspect the School and representatives from the Authority and the Contractor and the Senior Lender and the School’s Representative in respect of the relevant School and the ICT Installer shall be entitled to make a joint inspection with the Independent Certifier. Dates on which ICT Handover may occur The ICT Handover Date for a School shall be the date on which the ICT Handover Acceptance Certificate is issued in respect of the School, provided that if the ICT Handover Acceptance Certificate is not issued by the Planned ICT Handover Date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the Half Term (other than the Summer Half Term) or Term commencing after the Planned ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of Half ...
Increased Monitoring. (a) If, at any stage, the College is of the opinion, acting reasonably, that there are defects in the Works or that Project Co has failed to comply, in any material respect, with the requirements of this Project Agreement, the College may, without prejudice to any other right or remedy available to it, by notice to Project Co, increase the level of monitoring of Project Co from that set out in this Project Agreement to such level as the College considers reasonable taking into account the nature of the relevant defect or failure until such time as Project Co shall have demonstrated, to the College’s satisfaction, that it is capable of performing and will perform, in all material respects, its obligations related to the Works under this Project Agreement. Project Co will compensate the College for any reasonable costs incurred as a result of such increased monitoring.
Increased Monitoring. 13.2 If, following any viewing, visit or inspection made pursuant to Clause 13.1.1, it is discovered that there are defects in the Works or that Project Co has failed to comply with the Authority's Construction Requirements or Project Co's Proposals, the Authority's Representative may (without prejudice to any other right or remedy available to the Authority) by notice to Project Co increase the level of monitoring of Project Co until such time as Project Co shall have demonstrated to the satisfaction of the Authority that it is capable of performing and will perform all its obligations to the Authority under this Agreement. Project Co shall compensate the Authority for any reasonable additional costs incurred as a result of such increased monitoring.
Increased Monitoring. 19.5.1 If, following any viewing, visit or inspection made by the Authority or the Independent Certifier, it is discovered that there are material defects in the Works or that the Contractor has materially failed to comply with the Works Requirements or the Works Method Statement, the Authority may (without prejudice to any other right or remedy available to it) by notice to the Contractor increase the level of its monitoring of the Contractor until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Authority that it is capable of performing and will perform all its obligations under this Contract.
