Common use of Plan Approval Clause in Contracts

Plan Approval. 2.1 Each of the Builder and the Buyer acknowledges and agrees that the construction of the Ship requires co-operation and flexibility on the part of both parties, especially during the design phase. The plan approval arrangements referred to in this Clause 2 shall be limited to such plans, drawings and other documents as are described in section G.4.3 of the Specification. For the avoidance of doubt and notwithstanding anything to the contrary in this Clause 2, it is agreed that for areas, features and spaces of the Ship that are the same as the corresponding areas, features and spaces of the Builder’s Hull No. [*], the Builder is not obliged to prepare new drawings for Buyer’s review and approval and the Builder may use the drawings approved by the buyer of Builder’s Hull No. [*] in respect of such areas, features and spaces. 2.2 Notwithstanding the generality of Clause 2.1, the building work shall be carried out in strict accordance with the provisions of this Contract, the Specification and the Plans, and prior to commencement of the building work (and from time to time thereafter as and when the Buyer may request) the Builder will provide the Supervisor with a work schedule containing a critical path treatment of the major and significant elements of the building work, in their proper sequence, which must be completed to ensure delivery of the Ship by the Delivery Date. 2.3 All plans, drawings and other documents required to be developed and supplied by the Builder to the Buyer for approval shall be delivered by the Builder in their proposed final form in three (3) copies which shall be delivered to the Supervisor (or, if the Supervisor is not at the Shipyard at the relevant time, to the most senior member of the Supervisor’s team at the Shipyard unless a specified member of the team has been nominated by the Supervisor for this purpose by notice to the Builder and is available at the Shipyard), and the Builder agrees to use its best endeavours to submit all such plans, drawings and documents in such a manner that the Buyer may reasonably review and approve or comment on the same within the periods provided for in Clauses 2.4 and 2.5. 2.4 Within five (5) working days after the Supervisor’s receipt of the plans, drawings and other documents referred to in Clause 2.3, the Supervisor will notify the Builder in writing whether or not such plans, drawings and other documents are sufficient to enable the Buyer to review them pursuant to this Clause 2; and if any of the plans, drawings or other documents are deficient in any way, the Supervisor must specify the deficiency and give his reasons in such notice. 2.5 If a plan, drawing or other document is not accepted by the Supervisor as being sufficient for the Buyer’s review in accordance with Clause 2.4, the Builder shall promptly alter the relevant plan, drawing or document without charge to the Buyer and resubmit it as altered for approval by the Buyer in accordance with Clauses 2.3 to 2.6. Such approval shall refer only to the alterations. 2.6 Any plans, drawings and other documents submitted to the Supervisor and accepted by him as being sufficient for the Buyer’s review must be returned to the Builder as soon as practicable and, at the latest, within fifteen (15) working days after the Supervisor’s receipt of those plans, drawings and other documents which the Supervisor has authority to approve on behalf of the Buyer. If the Buyer needs additional time to review any plans, drawings and other documents, it will request an extension by written notice to the Builder as soon as reasonably practicable after the Supervisor’s receipt of the relevant plans, drawings or other documents and the Builder will not unreasonably withhold or delay its request to such an extension.

Plan Approval. 2.1 Each of the Builder and the Buyer acknowledges and agrees that the construction of the Ship requires co-operation and flexibility on the part of both parties, especially during the design phase. The plan approval arrangements referred to in this Clause 2 shall be limited to such plans, drawings and other documents as are described in section G.4.3 of the Specification. For the avoidance of doubt and notwithstanding anything to the contrary in this Clause 2, it is agreed that for areas, features and spaces of the Ship that are the same as the corresponding areas, features and spaces of the Builder’s Hull No. [*], the Builder is not obliged to prepare new drawings for Buyer’s review and approval and the Builder may use the drawings approved by the buyer of Builder’s Hull No. [*] in respect of such areas, features and spaces. 2.2 Notwithstanding the generality of Clause clause 2.1, the building work shall be carried out in strict accordance with the provisions of this Contract, the Specification and the Plans, and prior to commencement of the building work (and from time to time thereafter as and when the Buyer may request) the Builder will provide the Supervisor with a work schedule containing a critical path treatment of the major and significant elements of the building work, in their proper sequence, which must be completed to ensure delivery of the Ship by the Delivery Date. 2.3 All plans, drawings and other documents required to be developed and supplied by the Builder to the Buyer for approval shall be hand-delivered by the Builder in their proposed final form in three (3) copies which shall be delivered to the Supervisor (or, if the Supervisor is not at the Shipyard at the relevant time, to the most senior any member of the Supervisor’s 's team at the Shipyard unless a specified member of the team has been nominated by the Supervisor for this purpose by notice to the Builder and is available at the Shipyard)) for the Buyer's approval, and the Builder agrees to use its best endeavours to submit all such plans, drawings and documents in such a manner that the Buyer may reasonably review and approve or comment on the same within the periods provided for in Clauses clauses 2.4 and 2.5. 2.4 Within five (5) working days after the Supervisor’s 's receipt of the plans, drawings and other documents referred to in Clause clause 2.3, the Supervisor will notify the Builder in writing whether or not such plans, drawings and other documents are sufficient to enable the Buyer to review them pursuant to this Clause clause 2; and if any of the plans, drawings or other documents are deficient in any way, the Supervisor must specify the deficiency and give his reasons in such notice. 2.5 If a plan, drawing or other document is not accepted by the Supervisor as being sufficient for the Buyer’s review in accordance with Clause 2.4, the Builder shall promptly alter the relevant plan, drawing or document without charge to the Buyer and resubmit it as altered for approval by the Buyer in accordance with Clauses 2.3 to 2.6. Such approval shall refer only to the alterations. 2.6 Any plans, drawings and other documents submitted to the Supervisor and accepted by him as being sufficient for the Buyer’s 's review must be returned to the Builder as soon as practicable and, at the latest, within fifteen (15) working days after the Supervisor’s 's receipt of those plans, drawings and other documents which the Supervisor has authority to approve on behalf of the Buyer. If the Buyer needs additional time to review any . 2.6 One copy of all plans, drawings and other documents, it will request an extension documents submitted to the Supervisor and accepted by written notice him as being sufficient for the Buyer's review shall be returned to the Builder (in accordance with the timetable laid down in clause 2.5) either as soon approved or as reasonably practicable after rejected by the Supervisor’s receipt Buyer provided that all rejections shall specify with reasons all aspects of the relevant rejected plans, drawings or other documents and which do not, or which provide for building work which does not, conform to the Builder will not unreasonably withhold requirements of this Contract, the Plans or delay its request to such an extensionthe Specification.

Plan Approval. 2.1 Each of the Builder and the Buyer acknowledges and agrees that the construction of the Ship requires co-operation and flexibility on the part of both parties, especially during the design phase. The plan approval arrangements referred to in this Clause 2 shall be limited to such plans, drawings and other documents as are described in section G.4.3 of the Specification. For the avoidance of doubt and notwithstanding anything to the contrary in this Clause 2, it is agreed that for areas, features and spaces of the Ship that are the same as the corresponding areas, features and spaces of the Builder’s Hull No. [*], the Builder is not obliged to prepare new drawings for Buyer’s review and approval and the Builder may use the drawings approved by the buyer of Builder’s Hull No. [*] in respect of such areas, features and spaces. 2.2 Notwithstanding the generality of Clause 2.1, the building work shall be carried out in strict accordance with the provisions of this Contract, the Specification and the Plans, and prior to commencement of the building work (and from time to time thereafter as and when the Buyer may request) the Builder will provide the Supervisor with a work schedule containing a critical path treatment of the major and significant elements of the building work, in their proper sequence, which must be completed to ensure delivery of the Ship by the Delivery Date. 2.3 All plans, drawings and other documents required to be developed and supplied by the Builder to the Buyer for approval shall be delivered by the Builder in their proposed final form in three (3) copies which shall be delivered to the Supervisor (or, if the Supervisor is not at the Shipyard at the relevant time, to the most senior member of the Supervisor’s team at the Shipyard unless a specified member of the team has been nominated by the Supervisor for this purpose by notice to the Builder and is available at the Shipyard), and the Builder agrees to use its best endeavours to submit all such plans, drawings and documents in such a manner that the Buyer may reasonably review and approve or comment on the same within the periods provided for in Clauses 2.4 and 2.5. 2.4 Within five (5) working days after the Supervisor’s receipt of the plans, drawings and other documents referred to in Clause 2.3, the Supervisor will notify the Builder in writing whether or not such plans, drawings and other documents are sufficient to enable the Buyer to review them pursuant to this Clause 2; and if any of the plans, drawings or other documents are deficient in any way, the Supervisor must specify the deficiency and give his reasons in such notice. 2.5 If a plan, drawing or other document is not accepted by the Supervisor as being sufficient for the Buyer’s review in accordance with Clause 2.4, the Builder shall promptly alter the relevant plan, drawing or document without charge to the Buyer and resubmit it as altered for approval by the Buyer in accordance with Clauses 2.3 to 2.6. Such approval shall refer only to the alterations. 2.6 Any plans, drawings and other documents submitted to the Supervisor and accepted by him as being sufficient for the Buyer’s review must be returned to the Builder as soon as practicable and, at the latest, within fifteen (15) working days after the Supervisor’s receipt of those plans, drawings and other documents which the Supervisor has authority to approve on behalf of the Buyer. If the Buyer needs additional time to review any plans, drawings and other documents, it will request an extension by written notice to the Builder as soon as reasonably practicable after the Supervisor’s receipt of the relevant plans, drawings or other documents and the Builder will not unreasonably withhold or delay its request to such an extension. 2.7 When returning to the Builder plans, drawings and other documents accepted by the Supervisor as being sufficient for the Buyer’s review, the Supervisor shall xxxx them as approved or as rejected by the Buyer provided that all rejections shall specify with reasons all aspects of the rejected plans, drawings or documents which do not, or which provide for building work which does not, conform to the requirements of this Contract, the Plans or the Specification. 2.8 If a plan, drawing or other document is approved by or on behalf of the Buyer, the Builder shall proceed with the building work shown therein. 2.9 If a plan, drawing or other document is rejected (in whole or part) by or on behalf of the Buyer, the Builder shall promptly alter the relevant plan, drawing or document without charge to the Buyer and resubmit it as altered for approval by the Buyer in accordance with Clauses 2.3 to 2.6. Such approval shall refer only to the alterations. 2.10 If the Builder does not accept (in whole or part) any rejections made by or on behalf of the Buyer, the Builder shall promptly notify the Supervisor in writing and give his reasons in the notice for such non-acceptance. In addition, if the Buyer reasonably requests any clarification or further information from the Builder in connection with the Buyer’s review and approval of plans, drawings or other documents, the Builder shall promptly provide the requested clarification or information to the Supervisor. 2.11 All building work performed by the Builder prior to approval by the Buyer of all plans, drawings or documents relating to such work shall be at the sole risk and expense of the Builder. 2.12 If the Buyer (or the Supervisor on the Buyer’s behalf) fails to return to the Builder, in accordance with Clause 2.6, any plan or drawing or other document and this failure is not remedied within two (2) working days after the Supervisor’s receipt of a written notice from the Builder specifying such failure, such plan or drawing or other document shall be deemed to have been automatically approved by the Buyer without any comments. 2.13 If the Builder discovers any feature in the Plans or the Specification which appears to be inconsistent with the general scheme of the building work or which might (in the reasonable opinion of the Builder) expose the Builder or the Buyer to any product liabilities, the Builder shall promptly notify the Supervisor and submit a proposal to the Supervisor for the Buyer’s approval (such approval not to be unreasonably withheld) for the removal of the inconsistency or risk of product liability at the Builder’s cost and in the Builder’s time. If the Buyer becomes aware of any feature in the Plans or the Specification which might (in the reasonable opinion of the Buyer) expose the Builder or the Buyer to any product liabilities, the Buyer shall promptly notify the Builder after which the Builder shall promptly submit a proposal to the Supervisor for the Buyer’s approval (such approval not to be unreasonably withheld) for the removal of the inconsistency or risk of product liability at the Builder’s cost and in the Builder’s time