Common use of THE DESIGN CONSTRUCTION AND COMMISSIONING PROCESS Clause in Contracts

THE DESIGN CONSTRUCTION AND COMMISSIONING PROCESS. Overall Responsibility 12.1 Project Co shall carry out the Works: 12.1.1 so as to procure satisfaction of the Authority's Construction Requirements; 12.1.2 in accordance with Project Co's Proposals; 12.1.3 in accordance with the Quality Plans; 12.1.4 in accordance with Good Industry Practice; and 12.1.5 in accordance with the terms of this Agreement. 12.2 To avoid doubt, the obligations in Clauses 12.1.1 to 12.1.5 are independent obligations and, in the case of conflict between obligations requiring different levels of performance, the default position is that the obligation requiring the highest standard of performance shall take precedence. In particular: 12.2.1 the fact that Project Co has complied with Project Co's Proposals and/or the Quality Plans shall not be a defence to an allegation that Project Co has not satisfied the Authority's Construction Requirements; and 12.2.2 the fact that Project Co has satisfied the Authority's Construction Requirements shall not be a defence to an allegation that Project Co has failed to comply with Project Co's Proposals and/or the Quality Plans, provided always that where there is any conflict between the Authority's Construction Requirements, Project Co's Proposals and/or Quality Plans, the Authority shall, subject to any applicable default order of precedence, be entitled (in its sole discretion) to decide which shall take precedence and shall inform Project Co of its decision (within five (5) Business Days of Project Co's reasonable request for such decision of the Authority pursuant to this Clause 12.2) and Project Co shall, at its own cost, be obliged to implement the Authority's decision. 12.3 Project Co warrants that it has used, and will continue to use, the degree of skill and care in the design of the Facilities that would reasonably be expected of a competent professional designer experienced in carrying out design activities of a similar nature, scope and complexity to those comprised in the Works.