Common use of Initial Plan Clause in Contracts

Initial Plan. 13.4.1 As soon as practicable and in any event within twenty (20) Business Days after service of a Defect Notice, the Company shall deliver to the Scottish Ministers a plan prepared by the Company (the Initial Plan) setting out: (a) details of any inspections, tests, studies, trials, surveys or investigations that the Company proposes to conduct in connection with the relevant Latent Defect; and (b) the Company's programme for: (i) carrying out the inspections, tests, studies, trials, surveys or investigations referred to in Clause 13.4.1(a); (ii) evaluating the options for dealing with the Latent Defect; and (iii) making a recommendation to the Scottish Ministers as to the Company's preferred solution for dealing with the Latent Defect (including any works of reconstruction, repair, reinstatement, remediation, replacement or renewal necessary to implement such solution); and (c) the traffic management measures that the Company proposes to take or implement in order to carry out the inspections, tests, studies, trials, surveys or investigations referred to in Clause 13.4.1(a). 13.4.2 The Company shall have regard to any representations of the Scottish Ministers in respect of the Initial Plan and both Parties shall use reasonable endeavours to agree the Initial Plan timeously. 13.4.3 If the Parties are unable to reach agreement on the Initial Plan within twenty (20) Business Days of the date of its receipt by the Scottish Ministers, either Party may refer the matter for resolution under the Disputes Resolution Procedure. 13.4.4 Following agreement or determination of the Initial Plan the Company shall as soon as practicable: (a) undertake any inspections, tests, studies, trials, surveys or investigations set out in the Initial Plan; and (b) in accordance with the programme set out in the Initial Plan, proceed to evaluate the options for dealing with the Latent Defect and make a recommendation to the Scottish Ministers as to their preferred solution for doing so. 13.4.5 If as a consequence of (i) any changes to the Defect Notice pursuant to Clause 13.1 or (ii) any inspections, tests, studies, trials, surveys or investigations carried out pursuant to the Initial Plan, either or both of the Parties reasonably considers that further inspections, tests, studies, trials, surveys or investigations are required, said Party shall give notice to the other Party as soon as reasonably practicable and the provisions of this Clause 13.4 shall thereafter apply mutatis mutandis.