Common use of INITIAL CONDITION REPORT Clause in Contracts

INITIAL CONDITION REPORT. (a) Prior to any Works being carried out, ARTC or its Contractor must instruct the Condition Consultant to inspect the Infrastructure and prepare a report detailing the condition of the Infrastructure. (b) ARTC or its Contractor must instruct the Condition Consultant to: (i) provide a draft of the Initial Condition Report to ARTC and Asset Owner for comment; and (ii) take into account ARTC and Asset Owner's comments on the draft Initial Condition Report and to incorporate such of those comments in a further draft of the Initial Condition Report as the Condition Consultant considers appropriate and provide a copy of the further draft Initial Condition Report to ARTC and Asset Owner for approval. (c) ARTC and Asset Owner must provide any comments on the draft of the Initial Condition Report to the Condition Consultant within 20 Business Days of receipt of the report under clause 3(b)(i). (d) ARTC and Asset Owner must consult and act reasonably in order to promptly agree the draft Initial Condition Report. If the draft Initial Condition Report is not agreed within: (i) 20 Business Days of Asset Owner first being provided with a copy of the draft Initial Condition Report under clause 3(b)(i); or (ii) 10 Business Days of Asset Owner first being provided with a copy of the revised Initial Condition Report under clause 3(b)(ii), the matters in dispute may be referred by either Asset Owner or ARTC for determination in accordance with clause 11. (e) The Initial Condition Report for the purposes of this Agreement will be the draft Initial Condition Report agreed by Asset Owner and ARTC pursuant to clause 3(d) or determined in accordance with clause 11. (f) Asset Owner and ARTC agree that the Initial Condition Report will accurately record the condition of the relevant Infrastructure prior to the carrying out of the Works. (g) ARTC must ensure that no Works are carried out until the Initial Condition Report is agreed by Asset Owner and ARTC pursuant to clause 3(d) or determined in accordance with clause 11.