Common use of Right to Open Up Clause in Contracts

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, 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 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 Project Co hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project Co hubco 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 22.3.4 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 defectivedefective , Project Co hubco 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 hubco at no cost to the Authority and Project Co hubco 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 hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 20 15 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Right Rights of Access of Authority's ’s Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of Project Co hubco under this Agreement save as expressly set out in this Clause 13 (Right Rights of Access of Authority's ’s Representative).

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 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 Project DBFM Co shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project DBFM 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 DBFM 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 DBFM Co at no cost to the Authority and Project DBFM 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 DBFM 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 DBFM 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, 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 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 Project Co Sub-hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project Co Sub-hubco 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 Sub-hubco 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 Sub-hubco at no cost to the Authority and Project Co Sub-hubco 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 Sub-hubco 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 Sub-hubco 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, 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 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 Project Co hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project Co hubco 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 22.3.4 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 defectivedefective , Project Co hubco 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 hubco at no cost to the Authority and Project Co hubco 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 hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 20 15 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Right Rights of Access of Authority's ’s Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of Project Co hubco under this Agreement save as expressly set out in this Clause 13 (Right Rights of Access of Authority's ’s Representative).

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 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 Project Co hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project Co hubco 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 22.3.4 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 defectivedefective , Project Co hubco 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 hubco at no cost to the Authority and Project Co hubco 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 hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 20 15 (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).