Common use of Monitoring and Inspection Clause in Contracts

Monitoring and Inspection. Right of Inspection The Contractor shall procure that the Authority or any representative or adviser of the Authority and the Schools’ Representatives (when accompanied by a representative of the Authority) shall have, at all reasonable times and upon giving reasonable notice, the right (but not so as to delay or impede the progress of the Works) to enter any of the Sites (but in the case of a School’s Representative, the relevant Site only) in order to inspect the state and progress of the Works (and to ascertain whether they are being properly executed), the operation and maintenance of the Project and to monitor compliance by the Contractor with its obligations under this Agreement. Right to Open Up Subject to clause 19.2.2, the Authority's Representative shall have the right at any time prior to: the ICT Handover Date/Services Availability Date for a School in respect of the Works; and the [Post Completion Works Acceptance Date]121 for a School in respect of the Post Completion Works, to request the Contractor to open up and inspect any part or parts of such Works [or Post Completion Works] at that School where the Authority's Representative reasonably believes that such part or parts of the Works [or Post Completion Works] is or are defective and the Contractor shall comply with such request. Prior to exercising his right pursuant to clause 19.2.1, the Authority's Representative shall notify the Contractor 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 19.2.1, the inspection shows that the relevant part or parts of the Works are not defective, the exercise of such rights shall, subject to (and in accordance with) the provisions of clause 16 (Extensions of Time), be treated as a Compensation Event. If, following the exercise by the Authority's Representative of his right pursuant to clause 19.2, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor 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 the Contractor at no cost to the Authority and the Contractor 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 19.2.1, 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 the Contractor does not agree with such opinion, the matter shall be determined in accordance with the Dispute Resolution Procedure. Without prejudice to the rights of the Authority's Representative pursuant to this clause 19.2 the Parties acknowledge that the exercise of such rights shall not in any way affect the obligations of the Contractor under this Agreement save as expressly set out in this clause 19. Inspection of Facilities The Authority or a representative or adviser of the Authority and the Schools’ Representatives (when accompanied by a representative of the Authority) may at all reasonable times and on reasonable notice and subject to obtaining the consent of the relevant manufacturer or supplier (which the Contractor shall use all reasonable endeavours to obtain) enter upon any property used by the Contractor as training or workshop facilities and places where work is being prepared or materials are being obtained for the Project for the purposes of general inspection and of attending any test or investigation being carried out in respect of the Works. Contractor's Reasonable Assistance The Contractor shall procure that satisfactory facilities are made available to the Authority and any representative of the Authority and the Schools’ Representatives (when accompanied by a representative of the Authority) and that reasonable assistance is given for the purposes of clauses 19.1 (Right of Inspection), 19.2 (Right to Open Up) and 19.3 (Inspection of Facilities), subject to the Contractor's and the Sub-Contractors' construction obligations not being adversely affected and to the Authority reimbursing the Contractor for any reasonable costs or expenses incurred as a result of the action taken by the Authority under clauses 19.1 (Right of Inspection), 19.2 (Right to Open Up) and 19.3 (Inspection of Facilities).