Common use of Construction Period Clause in Contracts

Construction Period. 2.1. The Independent Expert shall undertake a review of the Drawings to be furnished by the Concessionaire along with supporting data. The Independent Expert shall complete such review and send its comments/observations to the Authority and the Concessionaire within [15 (fifteen)] days of receipt of such Drawings. In particular, such comments shall specify the conformity or otherwise of such Drawings with the Scope of the Project and Specifications and Standards. 2.2. The Independent Expert shall review any Drawings or modified Drawings or supporting Documents sent to it by the Concessionaire and furnish its comments within [7 (seven)] days of receiving such Drawings or Documents. 2.3. The Independent Expert shall review the monthly progress report furnished by the Concessionaire and send its comments thereon to the Authority and the Concessionaire within [7 (seven)] days of receipt of such report. 2.4. The Independent Expert shall inspect the Development Works and equipment (if any) once every quarter, preferably after receipt of the quarterly progress report from the Concessionaire, but before the [20th (twentieth)] day of succeeding month in any case, and make out a report of such inspection (the Inspection Report) setting forth an overview of the status, progress, quality, safety and conformity of Development Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Expert shall describe in reasonable detail the lapses, defects or deficiencies observed by it. The Independent Expert shall send a copy of its Inspection Report to the Authority and the Concessionaire within [7 (seven)] days of the inspection. 2.5. The Independent Expert may inspect the Hotel and Project Infrastructure more than once in a quarter. tests on a sample basis, to be specified by the Independent Expert in accordance with Good Industry Practice for quality assurance.

Construction Period. 2.1. The Independent Expert shall undertake a review of the DPR, designs and Drawings to be furnished by the Concessionaire Licensee along with supporting data. The Independent Expert shall complete such review and send its comments/observations to the Authority and the Concessionaire Licensee within [15 (fifteen)] days of receipt of such Drawings. In particular, such comments shall specify the conformity or otherwise of such Drawings with the Scope of the Project and Specifications and Standards. 2.2. The Independent Expert shall review any Drawings or modified Drawings or supporting Documents sent to it by the Concessionaire Licensee and furnish its comments within [7 (seven)] days of receiving such Drawings or Documents. 2.3. The Independent Expert shall review the monthly progress report furnished by the Concessionaire Licensee and send its comments thereon to the Authority and the Concessionaire Licensee within [7 (seven)] days of receipt of such report. 2.4. The Independent Expert shall inspect the Development Works and equipment (if any) once every quarter, preferably after receipt of the quarterly progress report from the ConcessionaireLicensee, but before the [20th (twentieth)] day of succeeding month in any case, and make out a report of such inspection (the Inspection Report) setting forth an overview of the status, progress, quality, safety and conformity of Development Works and equipment with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Independent Expert shall describe in reasonable detail the lapses, defects or deficiencies observed by it. The Independent Expert shall send a copy of its Inspection Report to the Authority and the Concessionaire Licensee within [7 (seven)] days of the inspection. 2.5. The Independent Expert may inspect the Hotel and Project Infrastructure Components more than once in a quarter. 2.6. For determining that the Development Works conform to Specifications and Standards, the Independent Expert shall require the Licensee to carry out, or cause to be carried out, tests on a sample basis, to be specified by the Independent Expert in accordance with Good Industry Practice for quality assurance. 2.7. The sample size of the tests, to be specified by the Independent Expert under Paragraph 2.6, shall comprise [10% (ten per cent)] of the quantity or number of tests prescribed for each category or type of tests in accordance with Good Industry Practice; provided that the Independent Expert may, for reasons to be recorded in writing, increase the aforesaid sample size by up to [10% (ten per cent)] for certain categories or types of tests. 2.8. The timing of tests referred to in Paragraph 2.7, and the criteria for acceptance rejection of their results shall be determined by the Independent Expert in accordance with Good Industry Practice. The tests shall be undertaken on a random sample basis and shall be in addition to, and independent of, the tests that may be carried out by the Licensee for its own quality assurance in accordance with Good Industry Practice. 2.9. In the event that the Licensee carries out any remedial works for removal or rectification of any defects or deficiencies, the Independent Expert shall require the Licensee to carry out, or cause to be carried out, tests to determine that such remedial works have brought the Development Works into conformity with the Specifications and Standards, and the provisions of this Paragraph 2 shall apply to such tests. 2.10. In the event that the Licensee fails to achieve any of the Project Milestones, the Independent Expert shall undertake a review of the progress of development and identify potential delays, if any. If the Independent Expert shall determine that completion of the Project Components is not feasible within the time specified in the Agreement, it shall require the Licensee to indicate within [15 (fifteen)] days the steps proposed to be taken to expedite progress, and the period within which [Project COD1] shall be achieved. Upon receipt of a report from the Licensee, the Independent Expert shall review the same and send its comments to the Authority and the Licensee forthwith. 2.11. If suspension of Development Works is for reasons not attributable to the Licensee, the Independent Expert shall determine the extension of dates set forth in the Project Completion Schedule, to which the Licensee is reasonably entitled, and shall notify the Authority and the Licensee of the same. 2.12. Upon reference from the Authority, the Independent Expert shall make a fair and reasonable assessment of the costs of providing information, works and services and certify the reasonableness of such costs for payment by the Authority to the Licensee.