Common use of Function and Role Clause in Contracts

Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. (b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including: (i) any design, construction and commissioning issues; (ii) the Project Works Schedules, the Basis of Works Schedule Reports and the Works Schedule Reports; (iii) any issues arising from reports or documents provided by Project Co or the Independent Certifier; (iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight; (v) the Works Reports; (vi) any special matters referred to the Works Committee by Contracting Authority or Project Co; (vii) any Proceeding at Risk Matters referred to the Works Committee in accordance with Section 14.6; (viii) any community and media relations issues in accordance with Schedule 18 – Communication and Public Engagement Protocol; (ix) any issues related to the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications; (x) monitoring the Interim Commissioning Program and Final Commissioning Program; (xi) any issues pertaining to Schedule 38 – Payment Procedures; and (xii) any other issues pertaining to the Works. (c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (d) The Works Committee shall not have authority to make decisions with respect to or approve: (i) any amendment to or waiver of any provision of this Project Agreement; (ii) any change to a major milestone date set out in any Project Works Schedule, the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date; (iii) any Variation; (iv) any change that may materially adversely affect Project Co’s ability to achieve Interim Completion by the Scheduled Interim Completion Date, Substantial Completion by the Scheduled Substantial Completion Date or Final Completion by the Scheduled Final Completion Date; or (v) any matter with respect to which Contracting Authority has a right of consent or in respect of which Contracting Authority may exercise discretion pursuant to this Project Agreement.

Function and Role. (a) The Works Committee shall assist the Parties by promoting cooperative and effective communication with respect to matters related to the Works. (b) The Works Committee shall be responsible for receiving and reviewing all matters related to the Works, including: (i) any design, construction and commissioning issues; (ii) the Project Works Schedules, the Basis of Works Schedule Reports and the Works Schedule Reports; (iii) any issues arising from reports or documents provided by Project Co or the Independent Certifier; (iv) any quality assurance and safety and security issues, including any design, configuration control, interfacing, training, testing, operational impact and other matters creating or giving rise to a safety or security issue or otherwise requiring attention and oversight; (v) the Works Reports; (vi) any special matters referred to the Works Committee by Contracting Authority or Project Co; (vii) any Proceeding at Risk Matters referred to the Works Committee in accordance with Section 14.6; (viii) any community and media relations issues in accordance with Schedule 18 – Communication and Public Engagement Protocol; (ix) any issues related to the Traffic and Transit Management Plan and any issues related to the rules, requirements and restrictions relating to access, rail safety and operations and track protection, as set out in Schedule 15 – Output Specifications; (x) monitoring the Interim Commissioning Program and Final Commissioning Program; (xi) any issues pertaining related to Schedule 38 36 – Payment ProceduresMobility Matters; and (xii) any other issues pertaining to the Works. (c) Subject to Section 14.2(d), any unanimous decision of the Works Committee shall be final and binding on the Parties. If the Works Committee is unable to reach a unanimous decision, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (d) The Works Committee shall not have authority to make decisions with respect to or approve: (i) any amendment to or waiver of any provision of this Project Agreement; (ii) any change to a major milestone date set out in any Project Works Schedule, the Scheduled Interim Completion Date, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date; (iii) any Variation; (iv) any change that may materially adversely affect Project Co’s ability to achieve Interim Completion by the Scheduled Interim Completion Date, Substantial Completion by the Scheduled Substantial Completion Date or Final Completion by the Scheduled Final Completion Date; or (v) any matter with respect to which Contracting Authority has a right of consent or in respect of which Contracting Authority may exercise discretion pursuant to this Project Agreement.