Common use of Offset Rights; Security for Obligations Clause in Contracts

Offset Rights; Security for Obligations. Owner shall have the right to offset any amounts owing to Owner under this Article against Progress Payments or other amounts owing to Contractor and to exercise its rights against any security provided by or for the benefit of Contractor, in such order as Owner may elect in its sole discretion. Transmission Provider (collectively, “Owner Inspection Parties”) shall have the right to observe and inspect any Equipment at the Site and the material, design, engineering, service, workmanship or any other portion of the Work at the Site; provided that (a) such observations and inspections shall be arranged at reasonable times and with reasonable advance notice to Contractor and (b) Owner has granted such Person access to the Site and Work for such purpose. Notwithstanding the foregoing, any personnel of such Owner Inspection Parties that have completed Contractor’s safety training and worker environmental training may observe and inspect the Work at the Site at any time subject to compliance with the Site Safety Plan. Prior to Project Mechanical Completion, Contractor shall promptly correct or cause the correction of any part of the Work that is defective, deficient or is otherwise not in accordance with this Agreement, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner has previously reviewed or inspected or otherwise accepted such part of the Work in any way. Contractor shall bear the cost of re-performing any defective, deficient or non-conforming Work and removing any deficient Work from the Site. In the event that any part of the Work is discovered to be in a defective, deficient or non-conforming condition after Project Mechanical Completion, correction of such defective, deficient or non-conforming condition shall be governed by Article 16.

Offset Rights; Security for Obligations. Owner shall have the right to offset any amounts owing to Owner under this Article against Progress Payments or other amounts owing to Contractor and to exercise its rights against any security provided by or for the benefit of Contractor, in such order as Owner may elect in its sole discretion. INSPECTION Inspection. Owner, its Affiliates, its representatives (including Owner’s Engineer), any Financing Party, its representatives (including any Independent Engineer), and the Transmission Provider (collectively, “Owner Inspection Parties”) shall have the right to observe and inspect any Equipment at the Site and the material, design, engineering, service, workmanship or any other portion of the Work at the Site; provided that (a) such observations and inspections shall be arranged at reasonable times and with reasonable advance notice to Contractor and (b) Owner has granted such Person access to the Site and Work for such purpose. Notwithstanding the foregoing, any personnel of such Owner Inspection Parties that have completed Contractor’s safety training and worker environmental training may observe and inspect the Work at the Site at any time subject to compliance with the Site Safety Plan. Prior to Project Mechanical Completion, Contractor shall promptly correct or cause the correction of any part of the Work that is defective, deficient or is otherwise not in accordance with this Agreement, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner has previously reviewed or inspected or otherwise accepted such part of the Work in any way. Contractor shall bear the cost of re-performing any defective, deficient or non-conforming Work and removing any deficient Work from the Site. In the event that any part of the Work is discovered to be in a defective, deficient or non-conforming condition after Project Mechanical Completion, correction of such defective, deficient or non-conforming condition shall be governed by Article 16.