Proceeding At Risk Sample Clauses
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Proceeding At Risk. (a) If at any time prior to Final Completion:
(i) the Contracting Authority Representative has noted a Critical Non- Conformance in respect of the Works; or
(ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure (each of the matters described in clauses (i) and (ii) of this Section 14.6(a), a “Proceeding at Risk Matter”); then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier and the CDB) a Notice (the “Proceeding at Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding at Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding at Risk Matter.
(b) Following the issuance of a Proceeding at Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding at Risk Matter.
Proceeding At Risk. (a) If at any time:
(i) the Contracting Authority Representative has noted a Critical Non- Conformance; or
(ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure (each of the matters described in clauses (i) and (ii) of this Section 14.6(a), a “Proceeding at Risk Matter”); then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier) a Notice (the “Proceeding at Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding at Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding at Risk Matter.
(b) Following the issuance of a Proceeding at Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding at Risk Matter.
Proceeding At Risk. (a) If at any time:
(i) in the reasonable opinion of Contracting Authority, Project Co is performing the Works in a manner that may result in Project Co becoming unable to satisfy the requirements for Substantial Completion; or
(ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure, (each of the matters described in Sections 14.6(a)(i) and 14.6(a)(ii) a “Proceeding At Risk Matter”), then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier) a Notice (the “Proceeding At Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding At Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding At Risk Matter.
(b) Following the issuance of a Proceeding At Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding At Risk Matter. The Independent Certifier shall be required to attend all meetings and deliberations of the Works Committee at which the Proceeding At Risk Matter is considered, but shall not be entitled to participate in any decisions of the Works Committee.
(c) Within 10 Business Days after receipt by Project Co of a Proceeding At Risk Notice, Project Co shall deliver a response to Contracting Authority, each member of the Works Committee and the Independent Certifier, which shall include:
(i) the Design Data and any other information requested by Contracting Authority in the Proceeding At Risk Notice;
(ii) Project Co’s opinion confirming agreement with, or disputing the opinion of, Contracting Authority regarding the Proceeding At Risk Matter;
(iii) any additional Design Data and other information in support of Project Co’s opinion regarding the Proceeding At Risk Matter; and
(iv) Project Co’s proposal to rectify the Proceeding at Risk Matter.
(d) Within five Business Days after receipt by Contracting Authority of the response from Project Co pursuant to Section 14.6(c), Contracting Authority shall notify Project Co if Contracting Authority requires any additional information from Project Co. Project Co shall provide such additional information to Contracting Authority and each member of the...
Proceeding At Risk. (a) If at any time:
(i) in the reasonable opinion of Contracting Authority, Project Co is performing the Works in a manner that may result in Project Co becoming unable to satisfy the requirements for Substantial Completion; or
(ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure, (each of the matters described in Sections 14.6(a)(i) and 14.6(a)(ii) a “Proceeding at Risk Matter”), then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier) a Notice (the “Proceeding at Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding at Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding at Risk Matter.
(b) Following the issuance of a Proceeding at Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding at Risk Matter.