Common use of Comments Clause in Contracts

Comments. 3.1 The Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;‌ (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”.‌ 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Owner’s review. The Design-Builder will to the extent necessary correct these Submittals and provide a copy of such Submittals to the Owner before the Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped "CORRECT DEFICIENCIES", then the Design-Builder will be required to modify the Submittals and the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Owner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the Owner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the Owner, and the Design-Builder will extend such time for any reasonable requests by the Owner. 3.7 If the Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.‌ 3.8 Where the Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy, and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌ 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the Owner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;‌REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”.‌REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Owner’s review. The Design-Builder will will, to the extent necessary necessary, correct these Submittals and provide a copy of such Submittals to the Owner before the Design-Design- Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped "“CORRECT DEFICIENCIES"”, then the Design-Design- Builder will be required to modify the Submittals and Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Owner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the Owner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Design- Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the Owner, and the Design-Builder will extend such time for any reasonable requests by the Owner. 3.7 If the Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.‌required. 3.8 Where the Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy, and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the Owner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal, provided that if, in the Owner’s opinion, acting reasonably, additional information is required to be included in any Submittal in order for the Owner to carry out its review pursuant to this Schedule 2 – Review Procedure, the Design-Builder will promptly provide such additional information and the time period for review will not commence for such Submittal until the Owner has received all such information. 3.2 The Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;‌REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”.‌REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Owner’s review. The Design-Design- Builder will will, to the extent necessary necessary, correct these Submittals and provide a copy of such Submittals to the Owner before the Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped "CORRECT DEFICIENCIES", then the Design-Builder will be required to modify the Submittals and Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Owner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-re- submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the Owner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the Owner, and the Design-Builder will extend such time for any reasonable requests by the Owner. 3.7 If the Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.‌required. 3.8 Where the Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the this Agreement (including the Statement of Requirements) that the Submittal fails to satisfy, and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 64 (Dispute Resolution) of this Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the Owner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Owner will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Owner will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;‌REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”.‌REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Owner’s review. The Design-Builder will will, to the extent necessary necessary, correct these Submittals and provide a copy of such Submittals to the Owner before the Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped "CORRECT DEFICIENCIES", then the Design-Builder will be required to modify the Submittals and Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Owner’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the Owner, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure2. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Owner will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the prior written consent of the Owner, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Owner may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the Owner, and the Design-Builder will extend such time for any reasonable requests by the Owner. 3.7 If the Owner does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.‌required. 3.8 Where the Owner issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Owner will provide reasons for the comment, referencing the particulars of the Section(s) of the this Agreement (including the Statement of Requirements) that the Submittal fails to satisfy, and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule 2 has applied, the Owner or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Owner may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 of this Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the Owner’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Owner may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Owner Authority will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Owner Authority will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;‌REVIEWED"; (b) “CORRECT DEFICIENCIES”"; (c) REJECTED"; or (cd) “REJECTED”.‌NOT-REVIEWED". 3.3 The comment “"REVIEWED” " will be assigned to those Submittals that, in the opinion of the OwnerAuthority, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “"CORRECT DEFICIENCIES” " will be assigned to those Submittals that, in the opinion of the OwnerAuthority, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the Owner’s Authority's review. The Design-Builder will will, to the extent necessary necessary, correct these Submittals and provide a copy of such Submittals to the Owner Authority before the Design-Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped "CORRECT DEFICIENCIES", then the Design-Builder will be required to modify the Submittals and Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the Owner’s Authority's discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “"REJECTED” " will be assigned to those Submittals that, in the opinion of the OwnerAuthority, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Design- Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Owner Authority will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the OwnerAuthority, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “"REJECTED” " relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Owner comment "NOT-REVIEWED" will be assigned to those Submittals that, in the opinion of the Authority, acting reasonably, are not required to be reviewed pursuant to this Agreement, including this Schedule 2- Review Procedure. The Submittal will be returned to the Design-Builder with no action taken by the Authority. 3.7 The Authority may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the OwnerAuthority, and the Design-Builder will extend such time for any reasonable requests by the OwnerAuthority. 3.7 3.8 If the Owner Authority does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “"REVIEWED” " and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.‌required. 3.8 3.9 Where the Owner Authority issues the comment “"CORRECT DEFICIENCIES” " or “"REJECTED”", the Owner Authority will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy, and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌. 3.9 3.10 If at any time after assigning any comment to a Submittal or where Section 3.7 3.8 of this Schedule has applied, the Owner Authority or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Owner Authority may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 3.11 For the purpose of facilitating and expediting the review and correction of Submittals, the Owner’s Authority's Representative and the Design-Builder’s 's Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 3.12 In lieu of returning a Submittal, the Owner Authority may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “"CORRECT DEFICIENCIES” " or “"REJECTED” " the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.

Comments. 3.1 The Owner Authority will review and respond to each Submittal in accordance with the applicable time periods for the Submittal. 3.2 The Owner Authority will return Submittals to the Design-Builder and assign one of the following 3 comments: (a) “REVIEWED”;‌REVIEWED”; (b) “CORRECT DEFICIENCIES”; or (c) “REJECTED”.‌REJECTED”. 3.3 The comment “REVIEWED” will be assigned to those Submittals that, in the opinion of the OwnerAuthority, acting reasonably, conform to the requirements of this Agreement. The Design-Builder will comply with and implement such Submittals. 3.4 The comment “CORRECT DEFICIENCIES” will be assigned to those Submittals that, in the opinion of the OwnerAuthority, acting reasonably, generally conform to the requirements of this Agreement, but in which minor deficiencies have been found and identified by the OwnerAuthority’s review. The Design-Builder will will, to the extent necessary necessary, correct these Submittals and provide a copy of such Submittals to the Owner Authority before the Design-Design- Builder implements the portions of such Submittals that have received comments, but may proceed on the portions of such Submittals that have not received comments. The Design-Builder will comply with and implement such corrected Submittals. If at any time it is discovered that the Design-Builder has not corrected the deficiencies on Submittals that were correctly stamped "“CORRECT DEFICIENCIES"”, then the Design-Design- Builder will be required to modify the Submittals and Submittals, the relevant Design and the Construction as required to correct the deficiencies and the Design-Builder may be required, at the OwnerAuthority’s discretion, acting reasonably, to resubmit relevant Submittals. 3.5 The comment “REJECTED” will be assigned to those Submittals that, in the opinion of the OwnerAuthority, acting reasonably, contain significant deficiencies or do not conform with the requirements of this Agreement, including this Schedule 2 – Review Procedure. The Design-Builder will correct and re-submit these Submittals within 10 Business Days after the comment has been provided to the Design-Builder. The Owner Authority will then review such corrected Submittals and assign a comment to the corrected Submittal. The Submittals will be corrected, revised and resubmitted as often as may be required to obtain a comment that permits the Design-Builder to proceed. Except with the written consent of the OwnerAuthority, the Design-Builder will not proceed with any Design or Construction to which such Submittals receiving the comment “REJECTED” relate until the Design-Builder obtains a comment that permits the Design-Builder to proceed. 3.6 The Owner Authority may request additional time for the review of any Submittal, including where the Submittal is voluminous or requires extensive review by representatives (including consultants) of the OwnerAuthority, and the Design-Builder will extend such time for any reasonable requests by the OwnerAuthority. 3.7 If the Owner Authority does not respond to a Submittal within the applicable time periods for the Submittal, the Submittal will be deemed “REVIEWED” and the Design-Builder may proceed with and implement the Design and the Construction on the basis set forth in the applicable Submittal without any further action or documentation required.‌required. 3.8 Where the Owner Authority issues the comment “CORRECT DEFICIENCIES” or “REJECTED”, the Owner Authority will provide reasons for the comment, referencing the particulars of the Section(s) of the Agreement (including the Statement of Requirements) that the Submittal fails to satisfy, and if requested by the Design-Builder, the Owner will meet with the Design-Builder to discuss the reasons for the comment.‌. 3.9 If at any time after assigning any comment to a Submittal or where Section 3.7 of this Schedule has applied, the Owner Authority or the Design-Builder discovers deficiencies or any failure to conform to the requirements of this Agreement, the Owner Authority may revise the comment assigned to any Submittal. If the parties agree or it is determined in accordance with Section 63 (Dispute Resolution) of the Agreement that the revised comment is correct, the Design-Builder will make all such corrections to the Submittals and the Design and the Construction. 3.10 For the purpose of facilitating and expediting the review and correction of Submittals, the OwnerAuthority’s Representative and the Design-Builder’s Representative will meet as may be mutually agreed to discuss and review any outstanding Submittals and any comments thereon. 3.11 In lieu of returning a Submittal, the Owner Authority may by letter notify the Design-Builder of the comment assigned to the Submittal and if such comment is “CORRECT DEFICIENCIES” or “REJECTED” the letter will contain comments in sufficient detail for the Design-Builder to identify the correction sought.