Common use of Right to Open Up Clause in Contracts

Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date to request hubco to open up and inspect any part or parts of the Works where the Authority's Representative reasonably believes that such part or parts of the Works is or are defective and hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify hubco of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 22.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective , hubco shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by hubco at no cost to the Authority and hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 15 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Rights of Access of Authority’s Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of hubco under this Agreement save as expressly set out in this Clause 13 (Rights of Access of Authority’s Representative).

Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date [a Phase Actual Completion Date] to request hubco Project Co to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and hubco Project Co shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify hubco Project Co of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 22.3.4 29.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective defective, hubco Project Co shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by hubco Project Co at no cost to the Authority and hubco Project Co shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and hubco Project Co does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 15 20 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Rights Right of Access of Authority’s 's Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of hubco Project Co under this Agreement save as expressly set out in this Clause 13 (Rights Right of Access of Authority’s 's Representative).

Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date [a Phase Actual Completion Date] to request Sub-hubco to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and Sub-hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Sub-hubco of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 22.3.4 29.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective defective, Sub-hubco shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by Sub-hubco at no cost to the Authority and Sub-hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and Sub-hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 15 20 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Rights Right of Access of Authority’s 's Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of Sub-hubco under this Agreement save as expressly set out in this Clause 13 (Rights Right of Access of Authority’s 's Representative).

Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date [a Phase Actual Completion Date] to request hubco DBFM Co to open up and inspect any part or parts of the Works [relating to the relevant Phase] where the Authority's Representative reasonably believes that such part or parts of the Works [relating to the relevant Phase] is or are defective and hubco DBFM Co shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify hubco DBFM Co of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 22.3.4 29.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective defective, hubco DBFM Co shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by hubco DBFM Co at no cost to the Authority and hubco DBFM Co shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and hubco DBFM Co does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 15 20 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Rights Right of Access of Authority’s 's Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of hubco DBFM Co under this Agreement save as expressly set out in this Clause 13 (Rights Right of Access of Authority’s 's Representative).

Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date to request hubco to open up and inspect any part or parts of the Works where the Authority's Representative reasonably believes that such part or parts of the Works is or are defective and hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify hubco of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 22.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective , hubco shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by hubco at no cost to the Authority and hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 15 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Rights of Access of Authority’s Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of hubco under this Agreement save as expressly set out in this Clause 13 (Rights of Access of Authority’s Representative).

Right to Open Up. Subject to Clause 13.4, the Authority's Representative shall have the right at any time prior to the Actual Completion Date to request hubco to open up and inspect any part or parts of the Works where the Authority's Representative reasonably believes that such part or parts of the Works is or are defective and hubco shall comply with such request. Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify hubco of his intention to exercise such right, setting out detailed reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works are not defective then Clause 22.3.4 shall apply. . If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Works is or are defective , hubco shall rectify and make good such Defect(s) and any consequence of such rectification and/or making good Defect(s) shall be carried out by hubco at no cost to the Authority and hubco shall not be entitled to any extension of time in relation to such rectification and making good of the Works. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and hubco does not agree with such opinion, the matter shall be determined in accordance with Schedule Part 15 (Dispute Resolution Procedure). Without prejudice to the rights of the Authority's Representative pursuant to this Clause 13 (Rights of Access of Authority’s Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of hubco under this Agreement save as expressly set out in this Clause 13 (Rights of Access of Authority’s Representative).