Common use of Determination of Systemic Defect; Notice to SI Clause in Contracts

Determination of Systemic Defect; Notice to SI. The MTA shall have the final and binding decision to declare a Systemic Defect. The Engineer will provide written notice to the SI within a reasonable time of the MTA's becoming aware that a Systemic Defect exists or may exist, and will again provide written notice upon a determination that a Systemic Defect is in fact present.