Common use of Inspection and Tests and Correction of Defects Clause in Contracts

Inspection and Tests and Correction of Defects. A. CTO shall have the right to inspect any and all records of Developer or its subcontractors whenever CTO believes that this is necessary to insure that the Work is proceeding and will proceed in full accordance with the requirements of the Agreement. In addition, all parts of the Work shall throughout the time of performance of the Agreement be subject to inspection by CTO. To the extent permitted by the Agreement, CTO shall be the final judge of the quality and acceptability of the Work, the materials used therein, and the processes of manufacture and methods of construction employed in connection therewith. Developer shall, or shall cause the Subcontractors to, provide CTO’s representatives with safe and proper facilities for access to and inspection of the Work, both at the Site and at any plant or other source of supply where any equipment, material, or part may be located. CTO shall have the right to witness any test Developer or any third party acting on behalf of Developer conducts relating to the Work, and Developer shall give CTO advance written notice thereof. The test results shall be provided to CTO for concurrence as soon as practical, and found to be satisfactory only if accepted by CTO. CTO shall have the right to require Developer to perform reasonable additional tests at reasonable times and places The cost of any additional tests required by CTO shall be borne by CTO unless they disclose a defect or nonconformity in the Work, in which case the cost shall be borne by Developer.

Appears in 5 contracts

Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement, Large Generator Interconnection Agreement

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