TfNSW inspection of Contract Buses Sample Clauses

TfNSW inspection of Contract Buses. (a) At any time during a Business Day, the Operator must allow, or obtain for (as the case may be), TfNSW or any of TfNSW’s Associates (or any person authorised by TfNSW or any of TfNSW’s Associates) immediate unrestricted access to: (i) any Contract Bus or any Bus Components; (ii) any Contract Bus maintenance records; (iii) the Operator’s premises and/or any Contract Depot for the purposes of inspecting any Contract Buses or any Bus Components or exercising any rights under or in connection with the Contract; and (iv) any other premises or property on which any Contract Bus or any Bus Components may be located. (b) At any time during the period 6 months before the expiry of the Term, or in the event that TfNSW issues a termination notice, TfNSW may, in its absolute discretion, appoint an independent valuer to inspect the Novation Buses and Sale Buses, in accordance with Clause 13.3(a). (c) If the independent valuer forms the view that any Novation Bus or Sale Bus: (i) is not in good repair or condition, consistent with its age; (ii) is not in satisfactory working order; (iii) has not been properly maintained or serviced in accordance with, or does not otherwise comply with, the terms of this Contract; or (iv) is dangerous or unsuitable for the purpose for which it is used, TfNSW will provide the Operator with notice of the independent valuer’s view and allow the Operator 14 days to comment on the views of the independent valuer. (d) If: (i) following the expiry of the 14 day period referred to in Clause 13.3(b); and (ii) taking into account any comments provided by the Operator, TfNSW forms the view that the defects identified by the independent valuer should be remedied by the Operator, the Operator must make good the defects identified by the independent valuer, within the timeframe specified by TfNSW. (e) If the Operator fails to make good the defects identified by an independent valuer in accordance with Clause 13.3(d), TfNSW may: (i) arrange for the defects identified by the independent valuer to be remedied; and (ii) deduct the costs associated with remedying such defects (including the costs of any additional buses required whilst a Novation Bus or Sale Bus is being repaired) from any Payments due by TfNSW to the Operator, or from the Performance Bond.
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Related to TfNSW inspection of Contract Buses

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