Opening of the Works. The Inspector may in his reasonable discretion issue instructions to the Developer to open up or expose any of the Works which have been covered up without previously being inspected by the Inspector prior to the issue of the Letter of Substantial Completion. Should the Developer unreasonably fail to comply with any such instructions the Council may if it is reasonable to do so and after giving notice in accordance with Clause 10 of this Second Schedule take up or expose the Works provided that the Council shall minimise the cost of damage and inconvenience to the Developer arising out of the exercise of this right. The reasonable and proper costs in respect of uncovering inspection and reinstating the part of the Works uncovered in accordance with this paragraph shall be met by the Developer except where: the relevant part of the Works was covered up by the Developer having given 48 hours’ notice and the Inspector failed to inspect the relevant part of the Works and; it is revealed on an inspection following an instruction from the Inspector that the relevant part of the Works had been completed in accordance with the Specification and the Drawing. Where Clauses 4.3.1 and 4.3.2 apply the costs of uncovering inspection and reinstatement of the relevant part of the Works shall be borne by the Council and the Council shall be liable for any cost expense loss or damage which shall be attributable to delay or interference occasioned by such uncovering inspection and reinstatement. The Developer shall before the Works are commenced give notice to such person or persons board or authority being the Undertakers for the time being of any service or services laid in upon or under the highway the subject of the Works as if the Works were to be executed for road purposes and were mentioned in Section 84 of the Xxx Xxxxx xxx Xxxxxxxxxxx Xxx 0000. Should any of the Undertakers require all or any part of their underground or overhead plant or apparatus to be removed or diverted as a consequence of the Works the costs of any such removal or diversion (as certified by xxx xxxxxxxxxx affected) shall be borne by the Developer. Provisions shall be made in accordance with the Inspector’s reasonable requirements at the site of the Works to prevent mud and other materials from being carried on to adjacent highways by vehicles and plant and the highway in the vicinity of such site shall be swept at the end of each Working Day to ensure its proper and continued use as a public hi...
Opening of the Works. 5.1 Subject to the provisions of paragraph 5.2 the Director may acting reasonably issue an instruction to the Developer to open up or expose any part of the Works which has been covered up without having previously been inspected by the Director
5.2 An instruction under paragraph 5.1 may only be issued in respect of works in respect of which a Completion Certificate has been issued and prior to the issue of each Final Certificate if they have been the subject of remedial works undertaken by the Developer pursuant to paragraph 11 of this Schedule
5.3 Should the Developer fail to comply with a valid instruction of the Director under paragraph 5.2. the Council may itself open up or expose the relevant part of the Works provided that the Council shall minimise the cost of damage and inconvenience to the Developer arising from the exercise of this right
5.4 The reasonable and proper costs in respect of uncovering inspecting and reinstating the part of the Works uncovered pursuant to this paragraph shall be met by the Developer except where
5.4.1 The relevant part of the Works was covered up by the Developer after having given notice in accordance with paragraph 3.3.3. and
5.4.2 The Director failed to inspect the relevant part of the Works within the period of not less than 14 days specified in the notice under paragraph 3.3.3. and
5.4.3 It is revealed on an inspection following an instruction from the Director under paragraph 5.1. that the relevant part of the Works had been completed in accordance with this Agreement
5.5 Where paragraphs 5.4.1. 5.4.2. and 5.4.3. apply the costs of uncovering inspection and reinstatement of the relevant part of the Works shall be borne by the Council and the Council shall be liable for any cost expense loss or damage which shall be attributable to delay or interference occasioned by such uncovering inspection and reinstatement
Opening of the Works. During the construction of the Highway Works and prior to the issue of the [Defects Certificate]:
3.1 The Service Manager may issue instructions to the Combined Authority to open up or expose any of the Highway Works which has been covered up without previously being inspected by the Service Manager Provided that such instructions are given in writing to the Combined Authority within 28 days of the Highway Works being covered up
3.2 Should the Combined Authority fail to comply with any such instructions the Council may so open up or expose the Highway Works causing as little damage or inconvenience as is possible to or in respect of any other part or parts of the Highway Works the reasonable and proper cost of such taking up or exposure and reinstatement to be met by the Combined Authority Provided that the Council shall only open up or expose the Highway Works within 3 months of the written notification given under clause 3.1
