Common use of Owner’s Right to Inspect Clause in Contracts

Owner’s Right to Inspect. Subject to Section 5.5, Owners shall have the right to have its inspectors, engineers or other representatives of Owners authorized to do so (the “Designated Persons”) or the Independent Engineer inspect the Work in order to assure that the Work complies with the requirements of this Agreement, including Contractor’s Quality Assurance Program, and to determine whether the Work is being prosecuted at a rate consistent with the Project Schedule. (i) The Designated Persons shall be permitted to: (A) follow the progress of the Work and identify defective or nonconforming materials or equipment at source of supply, in process of manufacture, or at point of delivery and (B) monitor actions taken in accordance with Section 4.2(b). The Owners' Authorized Representative shall have the right to stop Work in accordance with Section 4.2(c). Inspection by the Designated Persons shall not be deemed to (A) be supervision by Owners of Contractor and (B) shall not relieve Contractor of any responsibility for performing the Work in accordance with this Agreement. Any acceptance or approval by the Designated Persons shall in no event be deemed to constitute final acceptance of same by Owners, but shall be only for the purpose of assuring that the Work complies with this Agreement. Owners may report to Contractor any unsafe or improper conditions or practices observed at the job site for action by Contractor in correction or enforcement. (ii) Without limiting Owners’ rights under Article 5, the Designated Persons and the Independent Engineer shall have access to the Work and to applicable parts of Contractor’s (or its Major Vendors’) facilities engaged in the Work wherever located at reasonable times and subject to the reasonable requirements of Contractor or its Major Vendors and Appendix B Subcontractors. Contractor shall not require the Designated Persons or the Independent Engineer to execute documents, releases or waivers purporting to release Contractor from liability for any bodily injury and Contractor shall use commercially reasonable efforts to obtain agreement from its Major Vendors and Appendix B Subcontractors that they will not require such releases from the Designated Persons or Independent Engineer when at the Major Vendors' and Appendix B Subcontractors’ facilities. Contractor (or its Major Vendors or Appendix B Subcontractors) shall afford the Designated Persons and/or the Independent Engineer without charge such reasonable and safe facilities on Contractor’s premises (or those of its Major Vendors and Appendix B Subcontractors) as are appropriate to conveniently observe and inspect the Work in progress and have such other conveniences as would normally accompany such inspection.

Owner’s Right to Inspect. Subject to Section 5.5, Owners The Owner or its designee shall have the right to have its inspectors, engineers inspect and/or test all or other representatives any part of Owners authorized to do so (the “Designated Persons”) or the Independent Engineer inspect the Work and/or the Equipment and the EPCM Contractor shall provide sufficient access and means for such inspection and/or tests. All EPCM Work performed by the EPCM Contractor shall be subject to quality surveillance by the Owner or its designee at all times and the EPCM Contractor shall maintain, available for the Owner's inspection at all times, copies of any of the EPCM Contractor's inspection or testing reports. The Owner shall be afforded the opportunity to attend, observe, and witness all inspections and tests of the Work and/or the Equipment. The EPCM Contractor shall maintain, available for the Owner's inspection at all times, in good order at the Site, complete and accurate records of all Project materials and equipment received by and/or issued to assure the EPCM Contractor for use in the Project and, throughout the execution of field activities, one record copy (or on-line electronic access to such record copy) of plans, drawings, specifications, product data, samples, vendor drawings, change orders, and other as-built modifications, marked currently to record changes made during construction. The Owner may request, and the EPCM Contractor shall provide, or undertake to provide if in the custody or control of any third party (including any Project Contractor) evidence satisfactory to the Owner that materials, supplies or equipment being provided for the Work and/or the Facilities conform with the Project Specifications. In the event that the Work complies with Owner informs the EPCM Contractor of any variance (whether by the EPCM Contractor, or any Project Contractors) from the requirements of this Agreement, including Contractor’s Quality Assurance Program, and to determine whether Agreement concerning the Work is being prosecuted at a rate consistent with the Project Schedule. (i) The Designated Persons shall be permitted to: (A) follow the progress performance of the Work (whether relating to compliance with safety requirements, the applicable Project Specifications, the standards of SECMP or the Target Schedule), the EPCM Contractor shall immediately take all necessary steps to correct such variance and identify defective if such variance cannot be corrected immediately, the EPCM Contractor shall submit to the Owner a written plan for correcting such variance. Unless otherwise requested by the Owner, such plan shall be submitted to the Owner within five (5) business days. Execution of any such plan shall be subject to the prior approval of the Owner. In the Owner's exercise of its rights under this Section 3.3, the Owner shall remain responsible for ascertaining and specifying the means, methods or nonconforming materials techniques by which the EPCM Contractor shall correct any variances. The Owner's failure to inform the EPCM Contractor of any variance from the requirements of this Agreement (whether relating to compliance with safety requirements, the applicable Project Specifications, the standards of SECMP or equipment at source the Target Schedule) shall not be deemed to be approval by the Owner of supply, in process such variance or a waiver of manufacture, or at point any of delivery the Owner's rights on account of such variance and (B) monitor actions taken shall not relieve the EPCM Contractor of responsibility for the proper and timely performance of the EPCM Work in accordance with Section 4.2(b)the terms of this Agreement. The Owners' Authorized Representative Notwithstanding the foregoing, the Owner shall have the right to stop reject any variance that rises to the level of Defective Work (as defined in Section 4.7) at any time it is discovered in accordance with the provisions of Section 4.7. Any quality surveillance by the Owner, and the failure of the Owner to reject any Work as defective following any quality surveillance, or any failure by the Owner to inspect and/or test any part of the Work and/or the Equipment shall not be deemed the approval of such Work by the Owner and shall not relieve the EPCM Contractor of responsibility for the proper performance of the EPCM Work or re-performance of Defective Work in accordance with Section 4.2(c). Inspection by the Designated Persons shall not be deemed to (A) be supervision by Owners terms of Contractor and (B) shall not relieve Contractor of any responsibility for performing the Work in accordance with this Agreement. Any acceptance or approval All of the Project Contracts negotiated, written, administered and/or entered into by the Designated Persons shall in no event be deemed to constitute final acceptance of same by Owners, but shall be only for the purpose of assuring that the Work complies with this Agreement. Owners may report to Contractor any unsafe or improper conditions or practices observed at the job site for action by Contractor in correction or enforcement. (ii) Without limiting Owners’ rights under Article 5, the Designated Persons and the Independent Engineer shall have access to the Work and to applicable parts of Contractor’s (or its Major Vendors’) facilities engaged in the Work wherever located at reasonable times and subject to the reasonable requirements of Contractor or its Major Vendors and Appendix B Subcontractors. EPCM Contractor shall not require include express provisions to incorporate the Designated Persons or the Independent Engineer to execute documents, releases or waivers purporting to release Contractor from liability for any bodily injury and Contractor shall use commercially reasonable efforts to obtain agreement from its Major Vendors and Appendix B Subcontractors that they will not require such releases from the Designated Persons or Independent Engineer when at the Major Vendors' and Appendix B Subcontractors’ facilities. Contractor (or its Major Vendors or Appendix B Subcontractors) shall afford the Designated Persons and/or the Independent Engineer without charge such reasonable and safe facilities on Contractor’s premises (or those substance of its Major Vendors and Appendix B Subcontractors) as are appropriate to conveniently observe and inspect the Work in progress and have such other conveniences as would normally accompany such inspectionthis Section 3.3.

Owner’s Right to Inspect. Subject to Section 5.5, Owners Each Owner shall have the right to have its inspectors, engineers or other designees and representatives of Owners such Owner authorized to do so (the “Designated Persons”) or the Independent Engineer inspect the Work at any time and from time to time in order to assure that the Work complies with the requirements of this Agreement, including Contractor’s Quality Assurance Program, and to determine whether review the rate at which Work is being prosecuted at a rate consistent with the Project Scheduleprosecuted. (i) The Designated Persons shall be permitted to: (A) follow the progress of the Work and identify defective or nonconforming materials or equipment at source of supply, in process of manufacture, or at point of delivery and (B) monitor actions taken in accordance with Section 4.2(b)4.2.2. The Owners' ’ Authorized Representative shall have the right to stop Work in accordance with Section 4.2(c)4.2.3. Inspection by the Designated Persons shall not be deemed to (A) be supervision by Owners of Contractor and (B) shall not relieve Contractor of any responsibility for performing the Work in accordance with this Agreement. Designated Persons shall not have authority to give direction to Contractor or any Subcontractor or any Contractor-Managed Subcontractor or any of the Personnel of the foregoing. Any acceptance or approval by the Designated Persons shall in no event be deemed to constitute final acceptance of same by Owners, but shall be only for the purpose of assuring confirming that the Work complies appears to comply with this Agreement. Owners may report to Contractor any unsafe or improper conditions or practices observed at the job site for action by Contractor in correction or enforcement. (ii) Without limiting Owners’ rights under Article 5, the Designated Persons and the Independent Engineer shall have access to the Work and to applicable parts of Contractor’s (or its Major VendorsSubcontractors’) facilities engaged in work areas on the Work wherever located Construction Site at reasonable times and subject to the reasonable requirements of Contractor or its Major Vendors and Appendix B Subcontractors. Contractor shall not require the Designated Persons or the Independent Engineer to execute documents, releases or waivers purporting to release Contractor from liability for any bodily injury and Contractor shall use commercially reasonable efforts to obtain agreement from its Major Vendors and Appendix B Subcontractors that they will not require such releases from the Designated Persons or Independent Engineer when at the Major Vendors' and Appendix B Subcontractors’ facilitieswork areas. Contractor (or its Major Vendors or Appendix B Subcontractors) shall afford the Designated Persons and/or the Independent Engineer without charge such reasonable and safe facilities on at Contractor’s premises work areas (or those of its Major Vendors and Appendix B Subcontractors) as are appropriate to conveniently observe and inspect the Work in progress and have such other conveniences as would normally accompany such inspection.