Common use of Right to Open Up Clause in Contracts

Right to Open Up. 19.2.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works), the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued 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. 19.2.2 Prior to exercising his right pursuant to Clause 19.2.1 above, the Authority's Representative shall notify the Contractor of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 (Compensation Events), be treated as a Compensation Event. 19.2.4 If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor 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 the Contractor at no cost to the Authority and the Contractor shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1, 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 the Contractor does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 (Dispute Resolution Procedure). 19.2.6 Without prejudice to the rights of the Authority’s Representative pursuant to this Clause 19.2 the Parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor under this Contract save as expressly set out in this Clause 19.

Right to Open Up. 19.2.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works)13.4, the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Actual Completion Date to request the Contractor hubco 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 hubco shall comply with such request. 19.2.2 . Prior to exercising his right pursuant to Clause 19.2.1 13.3 above, the Authority's Representative shall notify the Contractor hubco of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of defective then Clause 39 (Compensation Events), be treated as a Compensation Event. 19.2.4 22.3.4 shall apply. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works is or are defectivedefective , the Contractor hubco shall rectify and make good such defect(sDefect(s) and any consequence of such rectification and/or making good defect(sDefect(s) shall be carried out by the Contractor hubco at no cost to the Authority and the Contractor hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, 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 the Contractor hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 Part 15 (Dispute Resolution Procedure). 19.2.6 . Without prejudice to the rights of the Authority’s 's Representative pursuant to this Clause 19.2 13 (Rights of Access of Authority’s Representative) the Parties parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor hubco under this Contract Agreement save as expressly set out in this Clause 1913 (Rights of Access of Authority’s Representative).

Right to Open Up. 19.2.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works)13.4, the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Actual Completion Date to request the Contractor hubco 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 hubco shall comply with such request. 19.2.2 . Prior to exercising his right pursuant to Clause 19.2.1 13.3 above, the Authority's Representative shall notify the Contractor hubco of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of defective then Clause 39 (Compensation Events), be treated as a Compensation Event. 19.2.4 22.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works is or are defectivedefective , the Contractor hubco shall rectify and make good such defect(sDefect(s) and any consequence of such rectification and/or making good defect(sDefect(s) shall be carried out by the Contractor hubco at no cost to the Authority and the Contractor hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, 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 the Contractor hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 Part 15 (Dispute Resolution Procedure). 19.2.6 Without prejudice to the rights of the Authority’s Representative pursuant to this Clause 19.2 the Parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor under this Contract save as expressly set out in this Clause 19.

Right to Open Up. 19.2.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works)13.4, the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Actual Completion Date [a Phase Actual Completion Date] to request the Contractor 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 the Contractor Sub-hubco shall comply with such request. 19.2.2 . Prior to exercising his right pursuant to Clause 19.2.1 13.3 above, the Authority's Representative shall notify the Contractor Sub-hubco of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of defective then Clause 39 (Compensation Events), be treated as a Compensation Event. 19.2.4 29.3.4 shall apply. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor Sub-hubco shall rectify and make good such defect(sDefect(s) and any consequence of such rectification and/or making good defect(sDefect(s) shall be carried out by the Contractor Sub-hubco at no cost to the Authority and the Contractor Sub-hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, 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 the Contractor Sub-hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 Part 20 (Dispute Resolution Procedure). 19.2.6 . Without prejudice to the rights of the Authority’s 's Representative pursuant to this Clause 19.2 13 (Right of Access of Authority's Representative) the Parties parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor Sub-hubco under this Contract Agreement save as expressly set out in this Clause 1913 (Right of Access of Authority's Representative).

Right to Open Up. 19.2.1 (a) Subject to Clause 19.2.2 clause 19.1.1(b) (and provided that in so doing the Authority uses all reasonable endeavours Right to minimise disruption to the carrying out of the WorksOpen Up), the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Planned Services Commencement Date for a Phase to request the Contractor to open up and inspect any part or parts of the Works at that Phase 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. 19.2.2 (b) Prior to exercising his right pursuant to Clause 19.2.1 clause 19.1.1(a) (Right to Open Up), above, the Authority's Representative shall notify the Contractor of his intention to exercise such right, setting out detailed reasons and providing reasonable prior noticereasons. 19.2.3 (c) If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1clause 19.1.1 (a) (Right to Open Up), the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 clause 16 (Compensation EventsExtensions of Time), be treated as a Compensation Event. 19.2.4 (d) If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1clause 19.1.1 (a) (Right to Open Up, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor 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 the Contractor at no cost to the Authority and the Contractor shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 (e) If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1clause 19.1.1(a) (Right to Open Up), 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 the Contractor does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 clause 60 (Dispute Resolution ProcedureResolution). 19.2.6 (f) Without prejudice to the rights of the Authority’s Representative pursuant to this Clause 19.2 clause 19.1.1 (Right to Open Up), the Parties parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor under this Contract Agreement save as expressly set out in this Clause 19clause 19 (Monitoring and Inspection).

Right to Open Up. 19.2.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works)13.4, the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Actual Completion Date to request the Contractor hubco 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 hubco shall comply with such request. 19.2.2 . Prior to exercising his right pursuant to Clause 19.2.1 13.3 above, the Authority's Representative shall notify the Contractor hubco of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of defective then Clause 39 (Compensation Events), be treated as a Compensation Event. 19.2.4 22.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works is or are defectivedefective , the Contractor hubco shall rectify and make good such defect(sDefect(s) and any consequence of such rectification and/or making good defect(sDefect(s) shall be carried out by the Contractor hubco at no cost to the Authority and the Contractor hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, 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 the Contractor hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 Part 15 (Dispute Resolution Procedure). 19.2.6 . Without prejudice to the rights of the Authority’s 's Representative pursuant to this Clause 19.2 13 (Rights of Access of Authority’s Representative) the Parties parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor hubco under this Contract Agreement save as expressly set out in this Clause 1913 (Rights of Access of Authority’s Representative).

Right to Open Up. 19.2.1 (a) Subject to Clause 19.2.2 Section 17.2(b) (and provided that in so doing the Authority HPTE uses all reasonable endeavours endeavors to minimise minimize disruption to the carrying out of the WorksPhase 2 Construction Work), the Authorityand without prejudice to HPTE's other rights under this Contract including Section 3 of Schedule 5, HPTE's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate Affidavit of Phase 2 Work Completion is issued and upon reasonable notice to request the Contractor Concessionaire to open up and inspect any part or parts of the Works Phase 2 Construction Work where the AuthorityHPTE's Representative reasonably believes that such part or parts of the Works is or are defective Phase 2 Construction Work do not comply with the requirements of this Contract, and the Contractor Concessionaire shall comply with such request. 19.2.2 (b) Prior to exercising his right pursuant to Clause 19.2.1 aboveSection 17.1, the AuthorityHPTE's Representative shall notify the Contractor Concessionaire of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 (c) If, following the exercise by the AuthorityHPTE's Representative of his right pursuant to Clause 19.2.1Section 17.1, the inspection shows that the relevant part or parts of the Works are not defectivePhase 2 Construction Work do comply with the requirements of this Contract, any delay or increased costs caused to the Works Phase 2 Construction Work by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 (Compensation Events)Section 41, be treated as a Compensation Event. 19.2.4 (d) If, following the exercise by the AuthorityHPTE's Representative of his right pursuant to Clause 19.2.1Section 17.1, the inspection shows that the relevant part or parts of the Works is or are defectivePhase 2 Construction Work do not comply with the requirements of this Contract, the Contractor Concessionaire shall rectify and make good such defect(smatters(s) or nonconformances and any consequence of such rectification and/or making good defect(s) or nonconformances shall be carried out by the Contractor Concessionaire at no cost to the Authority HPTE, and the Contractor Concessionaire shall not be entitled to any extension of time in relation to such rectification and making good correction of the WorksPhase 2 Construction Work. 19.2.5 (e) If, following the exercise by the AuthorityHPTE's Representative of his right pursuant to Clause 19.2.1Section 17.1, the AuthorityHPTE's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective Phase 2 Construction Work do not comply with the requirements of this Contract, and the Contractor Concessionaire does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 (the Dispute Resolution Procedure). 19.2.6 (f) Without prejudice to the rights of the Authority’s HPTE's Representative pursuant to this Clause 19.2 Section 17.2, the Parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 Section 17.2 shall not in any way affect the obligations of the Contractor Concessionaire under this Contract save except as expressly set out in this Clause 19Section 17 or elsewhere in this Contract.

Right to Open Up. 19.2.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works)13.4, the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Actual Completion Date [a Phase Actual Completion Date] to request the Contractor 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 the Contractor DBFM Co shall comply with such request. 19.2.2 . Prior to exercising his right pursuant to Clause 19.2.1 13.3 above, the Authority's Representative shall notify the Contractor DBFM Co of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of defective then Clause 39 (Compensation Events), be treated as a Compensation Event. 19.2.4 29.3.4 shall apply. If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor DBFM Co shall rectify and make good such defect(sDefect(s) and any consequence of such rectification and/or making good defect(sDefect(s) shall be carried out by the Contractor DBFM Co at no cost to the Authority and the Contractor DBFM Co shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 . If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.113.3, 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 the Contractor DBFM Co does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 Part 20 (Dispute Resolution Procedure). 19.2.6 . Without prejudice to the rights of the Authority’s 's Representative pursuant to this Clause 19.2 13 (Right of Access of Authority's Representative) the Parties parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor DBFM Co under this Contract Agreement save as expressly set out in this Clause 1913 (Right of Access of Authority's Representative).

Right to Open Up. 19.2.1 (a) Subject to Clause 19.2.2 clause 19.1.1(b) (and provided that in so doing the Authority uses all reasonable endeavours Right to minimise disruption to the carrying out of the WorksOpen Up), the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued Planned Services Commencement Date for a Phase to request the Contractor to open up and inspect any part or parts of the Works at that Phase 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.request.‌ 19.2.2 Prior (b) Xxxxx to exercising his right pursuant to Clause 19.2.1 clause 19.1.1(a) (Right to Open Up), above, the Authority's Representative shall notify the Contractor of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice.reasons.‌ 19.2.3 (c) If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1clause 19.1.1 (a) (Right to Open Up), the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 clause 16 (Compensation EventsExtensions of Time), be treated as a Compensation Event.Event.‌ 19.2.4 (d) If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1clause 19.1.1 (a) (Right to Open Up, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor 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 the Contractor at no cost to the Authority and the Contractor shall not be entitled to any extension of time in relation to such rectification and making good of the Works.Works.‌ 19.2.5 (e) If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1clause 19.1.1(a) (Right to Open Up), 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 the Contractor does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 clause 60 (Dispute Resolution Procedure).Resolution).‌ 19.2.6 (f) Without prejudice to the rights of the Authority’s Representative pursuant to this Clause 19.2 clause 19.1.1 (Right to Open Up), the Parties parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor under this Contract Agreement save as expressly set out in this Clause 19.clause 19 (Monitoring and Inspection).‌

Right to Open Up. 19.2.1 (a) Subject to Clause 19.2.2 Section 17.2(b) (and provided that in so doing the Authority HPTE uses all reasonable endeavours endeavors to minimise minimize disruption to the carrying out of the WorksPhase 2 Construction Work), the Authorityand without prejudice to HPTE's other rights under this Contract including Section 3 of Schedule 5, HPTE's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate Affidavit of Phase 2 Work Completion is issued and upon reasonable notice to request the Contractor Concessionaire to open up and inspect any part or parts of the Works Phase 2 Construction Work where the AuthorityHPTE's Representative reasonably believes that such part or parts of the Works is or are defective Phase 2 Construction Work do not comply with the requirements of this Contract, and the Contractor Concessionaire shall comply with such request. 19.2.2 Prior (b) Xxxxx to exercising his right pursuant to Clause 19.2.1 aboveSection 17.1, the AuthorityHPTE's Representative shall notify the Contractor Concessionaire of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice. 19.2.3 (c) If, following the exercise by the AuthorityHPTE's Representative of his right pursuant to Clause 19.2.1Section 17.1, the inspection shows that the relevant part or parts of the Works are not defectivePhase 2 Construction Work do comply with the requirements of this Contract, any delay or increased costs caused to the Works Phase 2 Construction Work by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 (Compensation Events)Section 41, be treated as a Compensation Event. 19.2.4 (d) If, following the exercise by the AuthorityHPTE's Representative of his right pursuant to Clause 19.2.1Section 17.1, the inspection shows that the relevant part or parts of the Works is or are defectivePhase 2 Construction Work do not comply with the requirements of this Contract, the Contractor Concessionaire shall rectify and make good such defect(smatters(s) or nonconformances and any consequence of such rectification and/or making good defect(s) or nonconformances shall be carried out by the Contractor Concessionaire at no cost to the Authority HPTE, and the Contractor Concessionaire shall not be entitled to any extension of time in relation to such rectification and making good correction of the WorksPhase 2 Construction Work. 19.2.5 (e) If, following the exercise by the AuthorityHPTE's Representative of his right pursuant to Clause 19.2.1Section 17.1, the AuthorityHPTE's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective Phase 2 Construction Work do not comply with the requirements of this Contract, and the Contractor Concessionaire does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 (the Dispute Resolution Procedure). 19.2.6 (f) Without prejudice to the rights of the Authority’s HPTE's Representative pursuant to this Clause 19.2 Section 17.2, the Parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 Section 17.2 shall not in any way affect the obligations of the Contractor Concessionaire under this Contract save except as expressly set out in this Clause 19Section 17 or elsewhere in this Contract.

Right to Open Up. 19.2.1 18.3.1 Subject to Clause 19.2.2 (and provided that in so doing the Authority uses all reasonable endeavours to minimise disruption to the carrying out of the Works)clause 18.3.2, the Authority's ’s Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued relevant Service Availability Date to request the Contractor to open up and inspect any part or parts of the Works where the Authority's ’s Representative reasonably believes that such part or parts of the Works is or are defective and the Contractor shall comply with such request. 19.2.2 18.3.2 Prior to exercising his right pursuant to Clause 19.2.1 clause 18.3.1 above, the Authority's ’s Representative shall notify the Contractor of his intention to exercise such right, setting out detailed reasons and providing reasonable prior noticereasons. 19.2.3 18.3.3 If, following the exercise by the Authority's ’s Representative of his right pursuant to Clause 19.2.1clause 18.3.1, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 (Compensation Events)clause 15.5, be treated as a Compensation Event. 19.2.4 18.3.4 If, following the exercise by the Authority's ’s Representative of his right pursuant to Clause 19.2.1clause 18.3.1, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor 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 the Contractor at no cost to the Authority and the Contractor shall not be entitled to any extension of time in relation to such rectification and making good of the Works. 19.2.5 18.3.5 If, following the exercise by the Authority's ’s Representative of his right pursuant to Clause 19.2.1clause 18.3.1, the Authority's ’s Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and the Contractor does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 (the Dispute Resolution Procedure). 19.2.6 18.3.6 Without prejudice to the rights of the Authority’s Representative pursuant to this Clause 19.2 clause 18 the Parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor under this Contract Agreement save as expressly set out in this Clause 19clause 18.