Common use of Proceeding At Risk Clause in Contracts

Proceeding At Risk. (a) If at any time: (i) the Contracting Authority Representative has noted a Critical Non- Conformance; or (ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure (each of the matters described in clauses (i) and (ii) of this Section 14.6(a), a “Proceeding at Risk Matter”); then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier) a Notice (the “Proceeding at Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding at Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding at Risk Matter. (b) Following the issuance of a Proceeding at Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding at Risk Matter.

Proceeding At Risk. (a) If at any time: (i) the Contracting Authority Representative has noted a Critical Non- Non-Conformance; or (ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure (each of the matters described in clauses (i) and (ii) of this Section 14.6(a), a “Proceeding at At Risk Matter”); then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier) a Notice notice (the “Proceeding at At Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding at At Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding at At Risk Matter. (b) Following the issuance of a Proceeding at At Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding at At Risk Matter. The Independent Certifier shall be required to attend all meetings and deliberations of the Works Committee at which the Proceeding At Risk Matter is considered.

Proceeding At Risk. (a) If at any time: (i) the Contracting Authority Representative has noted a Critical Non- Conformance; or (ii) the Contracting Authority Representative has noted a Works Submittal as “CRITICAL NON-CONFORMANCE” in accordance with Schedule 10 – Review Procedure (each of the matters described in clauses (i) and (ii) of this Section 14.6(a), a “Proceeding at Risk Matter”); then Contracting Authority may issue to Project Co (with a copy to the Independent Certifier) a Notice notice (the “Proceeding at At Risk Notice”) identifying Contracting Authority’s reasons for issuing the Proceeding at At Risk Notice and requesting Project Co to deliver any relevant Design Data and any other information reasonably required by Contracting Authority from Project Co to review the Proceeding at At Risk Matter. (b) Following the issuance of a Proceeding at At Risk Notice, the Contracting Authority Representative and the Project Co Representative, together with the other members of the Works Committee, shall each promptly and diligently make a reasonable bona fide effort to resolve the Proceeding At Risk Matter. The Independent Certifier shall be required to attend all meetings and deliberations of the Works Committee at which the Proceeding at Risk MatterMatter is considered.