Owner Review. Within five (5) Business Days after Owner receives a Contractor’s Invoice, Owner shall Notify Contractor concerning any dispute regarding the submitted Contractor’s Invoice and the basis for such dispute (including disputes with respect to defective Work or third-party claims or liens resulting from the Work). If Owner has not Notified Contractor within five (5) Business Days after Contractor has provided such Contractor’s Invoice of any good faith objection thereto, Owner shall be deemed to have approved such Contractor’s Invoice; provided that Owner is not thereby waiving any rights it has under Article 16, including with respect to defects which are not identified at the time such Contractor’s Invoice is reviewed by Owner, such as, for example, defects which are not identified at Turnover and set forth on the Punchlist. Owner shall pay all undisputed portions of Contractor’s Invoices within the time provided in Section 6.5.
Owner Review. It is expressly understood and agreed that the Design Documents and other related design information which are prepared in connection with the Services and which have been identified in Appendix P hereto as being subject to the review, comment and/or approval of Owner (such design information together with the Design Documents, the "Documents for Approval"), shall be made available to Owner (or its designees) for its review, comment and/or approval, as the case may be, in order to monitor compliance with this Agreement as such documents are prepared and completed.
Owner Review. Without prejudicing Owner’s other rights under this Agreement, for purposes of determining the amount of payment to which Contractor is entitled in respect of an Application for Payment, Owner shall promptly notify Contractor concerning any invoiced amount or portion thereof that is in dispute (including where Owner contends that there is a deficiency with respect to such Application for Payment and/or the accompanying documentation) and of the basis for such Dispute as soon as reasonably practicable with the objective of allowing time for the Parties to resolve such Dispute prior to the date on which payment on the disputed matter would otherwise be due. It is understood by Contractor that Owner’s determination under this Section 5.3 may be made in conjunction with the Financing Parties, and the approval by the Financing Engineer may be required prior to payment.
Owner Review. 43 Article 7. Power Contract Design and Operating Requirements.....................................................45
Owner Review. (a) Owner reserves the right throughout the term of this Agreement to review all Drawings and to inspect Work at all stages at the Plant Premises, Contractor's premises and Subcontractors' premises and to designate others to review the drawings and inspect the work as may be necessary. Contractor shall include the requirement of the immediately preceding sentence in all subcontracts entered into by Contractor with respect to the Plant. Inspection by Owner shall in no way relieve Contractor from its obligations to furnish Work in accordance with this Agreement. Subject to compliance with Contractor's reasonable rules for security of the Plant Premises, Contractor shall afford access to the Plant Premises to the Independent Engineer, and to others designated by Owner, as may be necessary or appropriate to the servicing, maintaining, modifying, or upgrading of the land or facilities located thereon. Contractor shall provide the Independent Engineer, upon reasonable prior notice to Contractor, the right to review and inspect the Work.
(b) Before any Work as required or inferred from any Drawing is commenced, Contractor will submit such Drawing to Owner for review and Owner shall respond to Contractor with any changes or comments on the Drawing within eight (8) Business Days of receipt of the Drawing. Contractor may proceed, at Contractor's risk, with Work required or inferred from a Drawing, prior to the completion of review of such Drawing by Owner, if Contractor determines that it is necessary to proceed in order to meet the schedule. If Owner does not respond within eight (8) Business Days, Contractor shall proceed as though the Owner has no comments on the Drawing, provided that Owner's review or failure to review any Drawing shall not constitute an admission or agreement by Owner that the Work to be provided or performed in accordance with such Drawing is approved or is in conformance with the representations, covenants and warranties of Contractor under this Agreement. Whether or not specified in this Agreement, review, approval or acceptance by Owner or its Representatives, of all or any part of the Work, including Drawings or Plant shall not relieve Contractor from any obligation under this Agreement. Review by Owner of any Drawing shall not be deemed a waiver by Owner
Owner Review. It is expressly understood and agreed that the Design Documents and other related design information which are prepared in connection with the Services and which have been identified in Appendix P hereto as being subject to the review, comment and/or approval of Owner (such design information together with the Design Documents, the "DOCUMENTS FOR APPROVAL"), shall be made available to Owner and (commencing on the Financial Closing Date) the Independent Engineer for their review, comment and/or approval, as the case may be, in order to monitor compliance with this Agreement as such documents are prepared and completed. Owner and, if applicable, the Independent Engineer shall review the Documents for Approval as set forth in Appendix P hereto within twenty (20) days of receipt thereof (or such other period of time as may be specified in Appendix P with respect thereto, as the case may be). In the event Owner or the Independent Engineer, as applicable, fails to provide notice of approval or disapproval of the Documents for Approval within such period, and such failure continues for twenty-four (24) hours after Owner's receipt of a written request from Contractor (which request shall expressly state that it is being delivered pursuant to this Section 18.1), then, in the event and only to the extent that Contractor was delayed in the performance of the Services as a direct result thereof despite Contractor's reasonable efforts to avoid or mitigate such delay, an equitable adjustment to one or more of the Contract Price, the Guaranteed Completion Dates, the Construction Progress Milestone Dates, the Payment and Milestone Schedule and the Project Schedule, and, as appropriate, such other provisions of this Agreement that may be affected thereby, shall be made by agreement of Owner and Contractor or otherwise pursuant to Article 12 or 21 hereof.
Owner Review. Any review or acceptance by the Owner of Services, plans, drawings, specifications and other documents prepared by the Consultant will not relieve the Consultant of any responsibility for complying with the standard of care set forth herein. The Consultant is responsible for all Services to be performed under this Reserve Contract and any given Supplement and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services.
Owner Review. Within ten (10) business days of receiving the GMP Proposal and GMP Supporting Documents, Owner shall meet with the CMGC and Design Professional to review and discuss the GMP proposal. Prior to or at the meeting, if the Owner or Design Professional discover information sufficient to justify adjustment to the GMP Proposal, the CMGC will make appropriate adjustments to the GMP Proposal, its basis, or both. The Owner will authorize and cause the Design Professional to revise the Plans and Specifications to the extent necessary to reflect any agreed-upon modifications to the GMP Proposal.
Owner Review. Without limiting Owner’s rights of review under Article 12, within twenty (20) days after Owner receives a Contractor’s Invoice and all accompanying documentation required by Section 7.2 and Section 7.3, Owner and the Financing Entities shall, in consultation with their respective engineers, determine whether (a) the Work covered thereby has been completed as described by Contractor, (b) the Work performed conforms with the requirements of this Contract and (c) the Contractor’s Invoice has been properly submitted. Owner shall notify Contractor within such twenty (20) day period of any invoiced amount that is in dispute and the basis for such dispute, and shall deposit such invoiced, disputed amount(s) in an interest bearing account (subject to the security interest of the Financing Entities) for release to Contractor if such dispute is resolved in Contractor’s favor. Subject to Section 7.12, interest accrued on such amounts shall accrue to Owner; provided, however, that with respect to invoices for the months of May 2008 and June 2008, such twenty (20) day period shall be reduced to ten (10) days.
Owner Review. Without limiting Owner’s rights of review under Article 11, within ten (10) days after Owner receives a Contractor’s Invoice and all accompanying documentation required by Sections 6.2 and 6.4, Owner shall notify Contractor concerning any dispute over the accuracy of the submitted invoice and the basis for such dispute. Disputed invoices or portions thereof that are corrected before the date that is five (5) days prior to the date payment is due pursuant to Section 6.7, shall be paid on such due date.
