Right to Open Up. (a) Owner and the Consultant shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, to inspect) any part or parts of the Work, or to require testing of any part or parts of the Work, where Owner or the Consultant, as applicable, reasonably believes that such part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner makes such a request, Owner shall include reasonably detailed reasons with such request.
(b) If the inspection shows that the relevant part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto.
(c) If the inspection shows that the relevant part or parts of the Work is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents and the requirements of Sections 17.1(a) and 17.1(c)) relevant to such part or parts of the Work, the exercise by Owner or the Consultant, as applicable, of its rights pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective.
(d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the...
Right to Open Up. (a) HMQ shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow HMQ to inspect) any part or parts of the Works, or to require testing of any part or parts of the Works, where HMQ reasonably believes that such part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, and Project Co shall comply with such request. When HMQ makes such a request, HMQ shall include reasonably detailed reasons with such request.
(b) If the inspection shows that the relevant part or parts of the Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, Project Co shall rectify all such defects and non-compliance diligently and at no cost to HMQ and Project Co shall not be entitled to any additional compensation or extension of time in relation thereto.
(c) If the inspection shows that the relevant part or parts of the Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Output Specifications, the Project Co Proposal Extracts and the Design Data), relevant to such part or parts of the Works, the exercise by HMQ of its rights pursuant to this Section 19.7 shall, subject to and in accordance with Section 38, be treated as a Delay Event and, subject to and in accordance with Section 39, be treated as a Compensation Event.
Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date [a Phase Actual Completion Date] to request Project Co to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and Project Co shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project Co of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 29.3.4 shall apply. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective, Project Co shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by Project Co at no cost to the Authority and Project Co shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and Project Co does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 20 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Right of Access of Authority's Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of Project Co under this Agreement save as expressly set out in this Clause 13 (Right of Access of Authority's Representative).
Right to Open Up. Subject to Clause 13.4 (Right to Open Up), the Authority's Representative shall have the right at any time prior to[:
Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date [a Phase Actual Completion Date] to request DBFM Co to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and DBFM Co shall comply with such request.
Right to Open Up. Subject to Clause 13.4, the Authority’s Representative shall have the right at any time prior to the Actual Completion Date to request the Contractor to open up and inspect any part or parts of the Works where the Authority’s Representative reasonably believes that such part or parts of the Works is or are defective and the Contractor shall comply with such request.
Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the issue of the Permit to Use [a Phase Actual Completion Date] to request Project Co to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and Project Co shall comply with such request.
Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date [a Phase Actual Completion Date] to request Sub-hubco to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and Sub-hubco shall comply with such request.
Right to Open Up. 13.3.1 Provided that the Independent Expert has notified the Service Provider of its intention at any time prior to the Completion Date, the Independent Expert shall have the right to open up and inspect any part or parts of the Works where the Independent Expert reasonably believes that such part or parts of the Works is or are defective and the Service Provider shall comply with such request.
13.3.2 In the event that results of any inspection conducted under this Clause 13.3 establish the existence of any Defects in the Works, the Service Provider shall rectify and make good such Defects and any consequence of such Defects at no cost to the Contracting Authority and furnish a report to the Independent Expert confirming that this has been achieved. The Independent Expert shall require the Service Provider to carry out or cause to be carried out tests to determine that such remedial measures have brought the Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Service Provider for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Service Provider to the Independent Expert forthwith.
13.3.3 If following the exercise by the Independent Expert of his right pursuant to Clause 13.3.1 the inspection shows that the relevant part or parts of the Works are not defective, any delay to the Works shall relieve the Contractor from its obligation to use reasonable endeavours to complete the Project Network on or before the Scheduled Completion Date.
Right to Open Up. Subject to Clause 18.4, the Trust’s Representative shall have the right at any time prior to the Actual Completion Date to request Project Co to open up and inspect any part or parts of the Works where the Trust’s Representative reasonably believes that such part or parts of the Works is or are defective and Project Co shall comply with such request.
