Common use of Review by Owner Clause in Contracts

Review by Owner. Owner shall have the right to approve only those drawings and documents included in Exhibit B-3 designated as being subject to Owner’s approval. Owner’s approval shall not be unreasonably withheld or delayed. Owner shall notify GEC of any defects or deficiencies within ten (10) Days of submittal of any drawing or document required to be submitted to it for approval under this Section 3.3.2. If Owner fails to respond within such ten (10) Day period, then the submitted drawing or document shall be deemed to have been approved by Owner. Contractor shall, within ten (10) Days following receipt of any drawing or document containing an Owner identified defect or deficiency, amend such drawing or document or otherwise take account of or respond to Owner and shall resubmit such drawing or document for Owner’s approval. Owner shall notify Contractor of any comments it may have with respect to Contractor’s response within seven (7) Days of its submittal. Contractor shall reasonably endeavor to implement and accommodate within any such drawing or document submitted for approval and within the method, manner or sequence of carrying out the Work, Owner’s comments relating to such drawing or document (including comments on matters of safety and ease of operation and maintenance of the Facility) provided such comments are required to comply with the Specifications. Owner shall not review or LIMA/GEC/EPC 12 Confidential Business Information comment on any drawing or document submitted for information except on the grounds that the drawing or document is not in accordance with the Specification, save that the Owner shall always be entitled to comment on or require a change to any such drawing or document by directing a Change Order pursuant to Article 6. Further, Owner’s lender shall have the right, and be afforded timely opportunity, to review and approve any individual change estimated to cost $250,000 or more. Such review will be by the Lender’s independent engineer. If Lender or Lender’s independent engineer fails to respond within five (5) business days after receipt of a request for a Change or Changes by the Lender’s Engineer, such Change or Changes shall be deemed to have been approved by Lender and Owner.

Appears in 4 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp), Engineering, Procurement and Construction Agreement (USA Synthetic Fuel Corp)

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Review by Owner. Owner shall have the right to approve only those drawings and documents included in Exhibit B-3 designated as being subject to Owner’s approval. Owner’s approval shall not be unreasonably withheld or delayed. Owner shall notify GEC of any defects or deficiencies within ten (10) Days of submittal of any drawing or document required to be submitted to it for approval under this Section 3.3.2. If Owner fails to respond within such ten (10) Day period, then the submitted drawing or document shall be deemed to have been approved by Owner. Contractor shall, within ten (10) Days following receipt of any drawing or document containing an Owner identified defect or deficiency, amend such drawing or document or otherwise take account of or respond to Owner and shall resubmit such drawing or document for Owner’s approval. Owner shall notify Contractor of any comments it may have with respect to Contractor’s response within seven (7) Days of its submittal. Contractor shall reasonably endeavor to implement and accommodate within any such drawing or document submitted for approval and within the method, manner or sequence of carrying out the Work, Owner’s comments relating to such drawing or document (including comments on matters of safety and ease of operation and maintenance of the Facility) provided such comments are required to comply with the Specifications. Owner shall not review or LIMA/GEC/EPC 12 Confidential Business Information comment on any drawing or document submitted for information except on the grounds that the drawing or document is not in accordance with the Specification, save that the Owner shall always be entitled to comment on or require a change to any such drawing or document by directing a Change Order pursuant to Article 6. Further, Owner’s lender shall have the right, and be afforded timely opportunity, to review and approve any individual change estimated to cost $250,000 or more. Such review will be by the Lender’s independent engineer. If Lender or Lender’s independent engineer fails to respond within five (5) business days after receipt of a request for a Change or Changes by the Lender’s Engineer, such Change or Changes shall be deemed to have been approved by Lender and Owner.. GEC/ICC/EPC 12 Confidential Business Information

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Global Energy, Inc.)

Review by Owner. Owner shall have the right to approve only those drawings and documents included in Exhibit B-3 B-2 designated as being subject to Owner’s Owner approval. Owner’s approval shall not be unreasonably withheld or delayed. Owner shall notify GEC Contractor of any defects or deficiencies within ten (10) Days of submittal of any drawing or document required to be submitted to it for approval under this Section 3.3.2. If Owner fails to respond within such ten (10) Day period, then the submitted drawing or document shall be deemed to have been approved by Owner. Contractor shall, within ten (10) Days following receipt of any drawing or document containing an Owner identified defect or deficiency, amend such drawing or document or otherwise take account of or respond to Owner and shall resubmit such drawing or document for Owner’s approval. Owner shall notify Contractor of any comments it may have with respect to Contractor’s response within seven (7) Days of its submittal. Contractor shall reasonably endeavor endeavour to implement and accommodate within any such drawing or document submitted for approval and within the method, manner or sequence of carrying out the Work, Owner’s comments relating to such drawing or document (including comments on matters of safety and ease of operation and maintenance of the Facility) provided such comments are required to comply with the Specifications. Owner shall not review or LIMA/GEC/EPC 12 Confidential Business Information comment on any drawing or document submitted for information except on the grounds that the drawing or document is not in accordance with the Specification, save that the Owner shall always be entitled to comment on or require a change to any such drawing or document by directing a Change Order pursuant to Article 6. Further, Owner’s lender shall have the right, and be afforded timely opportunity, to review and approve any individual change estimated to cost $250,000 or more. Such review will be by the Lender’s independent engineer. If Lender or Lender’s independent engineer fails to respond within five (5) business days after receipt of a request for a Change or Changes by the Lender’s Engineer, such Change or Changes shall be deemed to have been approved by Lender and Owner.

Appears in 1 contract

Samples: General Services Agreement (Global Energy, Inc.)

Review by Owner. Owner shall have the right to approve only those drawings and documents included in Exhibit B-3 B-2 designated as being subject to Owner’s Owner approval. Owner’s approval shall not be unreasonably withheld or delayed. Owner shall notify GEC Contractor of any defects or deficiencies within ten (10) Days of submittal of any drawing or document required to be submitted to it for approval under this Section 3.3.2. If Owner fails to respond within such ten (10) Day period, then the submitted drawing or document shall be deemed to have been approved by Owner. Contractor shall, within ten (10) Days following receipt of any drawing or document containing an Owner identified defect or deficiency, amend such drawing or document or otherwise take account of or respond to Owner and shall resubmit such drawing or document for Owner’s approval. Owner shall notify Contractor of any comments it may have with respect to Contractor’s response within seven (7) Days of its submittal. Contractor shall reasonably endeavor to implement and accommodate within any such drawing or document submitted for approval and within the method, manner or sequence of carrying out the Work, Owner’s comments relating to such drawing or document (including comments on matters of safety and ease of operation and maintenance of the Facility) provided such comments are required to comply with the Specifications. Owner shall not review or LIMA/GEC/EPC 12 Confidential Business Information comment on any drawing or document submitted for information except on the grounds that the drawing or document is not in accordance with the Specification, save that the Owner shall always be entitled to comment on or require a change to any such drawing or document by directing a Change Order pursuant to Article 6. Further, Owner’s lender shall have the right, and be afforded timely opportunity, to review and approve any individual change estimated to cost $250,000 or more. Such review will be by the Lender’s independent engineer. If Lender or Lender’s independent engineer fails to respond within five (5) business days after receipt of a request for a Change or Changes by the Lender’s Engineer, such Change or Changes shall be deemed to have been approved by Lender and Owner.

Appears in 1 contract

Samples: General Services Agreement (Global Energy, Inc.)

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Review by Owner. Owner shall have the right to approve only those drawings and documents included in Exhibit B-3 designated as being subject to Owner’s approval. Owner’s approval shall not be unreasonably withheld or delayed. Owner shall notify GEC Contractor of any defects comments or deficiencies queries within ten fifteen (1015) Days days of submittal of receiving any drawing or document required to be submitted to it for approval under this Section 3.3.2listed in Exhibit R-2. If Owner fails to respond within such ten the fifteen (1015) Day day period, then the submitted such drawing or document shall be deemed to have been approved reviewed by OwnerOwner and Owner shall be deemed to have concurred without comment thereto. Contractor shall, within Within ten (10) Days days following receipt of any drawing comments or document containing an Owner identified defect or deficiencyqueries, Contractor shall amend such the drawing or document or otherwise take account of or respond to Owner Owner's comments or queries and shall resubmit such the drawing or document to Owner for Owner’s approvalreview. Owner shall notify Contractor of any comments it may have or queries with respect to Contractor’s response such a resubmitted drawing or document within seven (7) Days days of its submittalreceipt. Contractor shall reasonably endeavor to implement and accommodate within any such drawing or document submitted for approval and within Within the method, manner or sequence of carrying out the Work, Contractor shall reasonably endeavor to implement Owner’s 's comments relating to such drawing or document (including comments on matters of safety and ease of operation and maintenance of the Facility) provided Facilities), unless such comments are required to comply inconsistent with the Specificationsrequirements of this Agreement. Owner shall not review or LIMA/GEC/EPC 12 Confidential Business Information comment on any drawing or document submitted for information except on the grounds that the drawing or document is not in accordance with the Specificationrequirements of this Agreement, save except that the Owner shall always be entitled to comment on or require a change Change to any such drawing or document by directing a Change Order pursuant to under Article 6. FurtherOwner's comments shall follow the guidelines set forth in Exhibit R-3. Owner's review of any drawing or document hereunder shall not be construed as constituting approval of Contractor's work, nor shall Owner’s lender shall have the right, and be afforded timely opportunity, 's failure to review and approve any individual change estimated or failure to cost $250,000 comment be construed as approval or moredisapproval. Such review will be by the Lender’s independent engineer. If Lender or Lender’s independent engineer fails to respond within five (5) business days after receipt of a request Contractor all times shall retain responsibility for a Change Scope of Work that meets the requirements of this Agreement, regardless of whether or Changes by the Lender’s Engineer, such Change not Owner has reviewed Contractor's drawings or Changes shall be deemed to have been approved by Lender and Ownerdocuments.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract (Omega Protein Corp)

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