Common use of RIGHT OF ACCESS OF AUTHORITY Clause in Contracts

RIGHT OF ACCESS OF AUTHORITY. S REPRESENTATIVE Access to the Site 13.1 DBFM Co shall procure that: 13.1.1 subject to complying with all relevant safety procedures, which shall include any relevant construction phase plans and health and safety plans for the construction of the Facilities, the Contractor's Site Rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor's Site Manager from time to time, the Authority's Representative shall have unrestricted access at all reasonable times during normal working hours to: (a) view the Works at the Site on reasonable prior notice appropriate to the circumstances, provided that the notice procedures in this Clause 13.1.1(a) shall not apply to the right of access for the Authority's Representative and his staff and visitors to the office and other facilities provided at the Site for his use; and (b) subject to obtaining the consent of the relevant manufacturer or supplier (which DBFM Co agrees to use all reasonable endeavours to obtain), visit any site or workshop where materials, plant or equipment are being manufactured, prepared or stored for use in the Works for the purposes of general inspection and of attending any test or investigation being carried out in respect of the Works; 13.1.2 the Authority's Representative shall have such rights of access to the Site in an emergency as he (acting reasonably) considers suitable in the circumstances; and 13.1.3 monthly progress meetings and site meetings are held and that the Authority's Representative shall have the right to attend such monthly progress meetings and site meetings and to attend such other meetings as the Authority's Representative may reasonably request. 13.2 If, following any viewing, visit or inspection made pursuant to Clause 13.1.1, it is discovered that there are defects in the Works or that DBFM Co has failed to comply with the Authority's Construction Requirements or DBFM Co's Proposals, the Authority's Representative may (without prejudice to any other right or remedy available to the Authority) by notice to DBFM Co increase the level of monitoring of DBFM Co until such time as DBFM Co shall have demonstrated to the satisfaction of the Authority that it is capable of performing and will perform all its obligations to the Authority under this Agreement. DBFM Co shall compensate the Authority for any reasonable additional costs incurred as a result of such increased monitoring.

RIGHT OF ACCESS OF AUTHORITY. S REPRESENTATIVE Access to the Site 13.1 DBFM Co shall procure that: 13.1.1 subject to complying with all relevant safety procedures, which shall include any relevant construction phase plans and health and safety plans for the construction of the Facilities, the Contractor's Site Rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor's Site Manager from time to time, the Authority's Representative shall have unrestricted access at all reasonable times during normal working hours to: (a) view the Works at the Site on reasonable prior notice appropriate to the circumstances, provided that the notice procedures in this Clause 13.1.1(a) shall not apply to the right of access for the Authority's Representative and his staff and visitors to the office and other facilities provided at the Site for his use; and (b) subject to obtaining the consent of the relevant manufacturer or supplier (which DBFM Co agrees to use all reasonable endeavours to obtain), visit any site or workshop where materials, plant or equipment are being manufactured, prepared or stored for use in the Works for the purposes of general inspection and of attending any test or investigation being carried out in respect of the Works; 13.1.2 the Authority's Representative shall have such rights of access to the Site in an emergency as he (acting reasonably) considers suitable in the circumstances; and 13.1.3 monthly progress meetings and site meetings are held and that the Authority's Representative shall have the right to attend such monthly progress meetings and site meetings and to attend such other meetings as the Authority's Representative may reasonably request. 13.2 If, following any viewing, visit or inspection made pursuant to Clause 13.1.1, it is discovered that there are defects in the Works or that DBFM Co has failed to comply with the Authority's Construction Requirements or DBFM Co's ’s Proposals, the Authority's Representative may (without prejudice to any other right or remedy available to the Authority) by notice to DBFM Co increase the level of monitoring of DBFM Co until such time as DBFM Co shall have demonstrated to the satisfaction of the Authority that it is capable of performing and will perform all its obligations to the Authority under this Agreement. DBFM Co shall compensate the Authority for any reasonable additional costs incurred as a result of such increased monitoring.

RIGHT OF ACCESS OF AUTHORITY. S REPRESENTATIVE Access to the SiteREPRESENTATIVE25 13.1 DBFM Project Co shall procure that: 13.1.1 subject to complying with all relevant safety procedures, which shall include any relevant construction phase plans and health and safety plans for the construction of the Facilities, the Contractor's Site Rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor's Site Manager from time to time, the Authority's Representative (together with any specialist advisers) shall have unrestricted access at all reasonable times during normal working hours to: (a) monitor and view the Works at the Site Site[s] on reasonable prior notice appropriate to the circumstances, provided that the 24 Welsh Government requires the use of Building Information Modelling on all MIM Projects delivered under the SPA. The drafting associated with Building Information Modelling in this Template MIM Education PA is subject to a separate consultation paper, due to be published shortly. 25 Authorities are reminded of the duty they ultimately owe to the public to ensure the provision of a safe environment. Authorities should therefore consider what internal resource and/or specialist technical support is needed to perform the role of the 'intelligent client' and carry out the appropriate degree of internal assurance, notwithstanding the services being provided by the Independent Tester. Authorities should discuss their intended approach with the Welsh Government and seek guidance in relation to assurance processes. notice procedures in this Clause 13.1.1(a) shall not apply to the right of access for the Authority's Representative and his staff and visitors to the office and other facilities provided at the Site Site[s] for his use; and (b) subject to obtaining the consent of the relevant manufacturer or supplier (which DBFM Project Co agrees to use all reasonable endeavours to obtain), visit any site or workshop where materials, plant or equipment are being manufactured, prepared or stored for use in the Works for the purposes of general inspection and of attending any test or investigation being carried out in respect of the Works; 13.1.2 the Authority's Representative shall have such rights of access to the Site Site[s] in an emergency as he (acting reasonably) considers suitable in the circumstances; and; 13.1.3 monthly progress meetings and site meetings are held and that the Authority's Representative and [relevant] Facility Representative shall have the right to attend such monthly progress meetings and site meetings and to attend such other meetings as the Authority's Representative may reasonably request.; and 13.2 If, following any viewing, visit or inspection 13.1.4 satisfactory facilities are made pursuant available to Clause 13.1.1, it is discovered that there are defects in the Works or that DBFM Co has failed to comply with the Authority's Construction Requirements or DBFM Co's Proposals, accommodate the Authority's Representative may and his staff or visitors (without prejudice to any other right or remedy available to when accompanied by a representative of the Authority) by notice to DBFM Co increase for the level purposes of monitoring of DBFM Co until such time as DBFM Co shall have demonstrated Clause 13.1.1(a) and (b)(Access to the satisfaction of Site), subject to Project Co and the Contractor's construction obligations not being adversely affected and the Authority that it is capable reimbursing Project Co for any reasonable costs or expenses incurred in connection with the accommodation of performing and will perform all its obligations to the Authority under this Agreement. DBFM Co shall compensate Clause 13.1 (Access to the Authority for any reasonable additional costs incurred as a result of such increased monitoringSite).