Plan Approval Process. 24.1 During the Term, the Contractor shall be required to provide the following (each a "Plan"): 24.1.1 a detailed BCDR Plan; 24.1.2 an Exit Plan; 24.1.3 a Quality Plan; 24.1.4 a detailed Security Management Plan; 24.1.5 if required pursuant to clause 5.3, a detailed Milestone Plan; and 24.1.6 if required pursuant to clause 5.3, a detailed Test Plan. 24.2 The Contractor shall submit a draft of the relevant Plan to the Commission for approval by the date specified in this Service Agreement or as otherwise reasonably required by the Commission. The Commission shall not unreasonably withhold or delay approval of any Plan submitted for approval in accordance with this clause. 24.3 The parties will use reasonable endeavours to ensure that the Plan Approval Process is completed as soon as possible in relation to each Plan, without prejudice to any specific time limits for completion specified in any Schedule to this Service Agreement. 24.4 Once approved by the Commission, each Plan shall be adopted immediately unless the Commission otherwise requires. 24.5 Unless and until a Plan is approved by the Commission the provisions of any corresponding outline plan shall apply. 24.6 Where the Commission withholds approval of a draft Plan, it shall identify the changes it reasonably requires to be made to that Plan together with the reasons for such changes. The Contractor shall amend the draft Plan so as to incorporate the changes reasonably required by the Commission and shall promptly re-submit the draft Plan to the Commission for approval. 24.7 If the Commission does not approve an amended draft Plan submitted in accordance with clause 24.6 above, the Commission may at its discretion require the Contractor to repeat the process set out above until such time as the Plan is approved or at its option refer the matter to the Dispute Resolution Procedure using the Expedited Dispute Timetable. 24.8 In developing any draft Plan, the Contractor shall at the Commission's request liaise with Related Service Providers in respect of those aspects of any such draft Plan which have or may have an impact on a Related Service. 24.9 Without prejudice to any specific requirements contained in any Schedule to this Service Agreement regarding the updating of or amendment to any Plan, the Contractor shall revise the Plan(s) as necessary to reflect any Contract Changes that take place. The Contractor shall submit the revised draft Plan to the Commission for approval and the procedures set out in this clause 24 shall apply with respect to the approval of such revised Plan. 24.10 Any other plans created as a result of this Service Agreement shall be updated and maintained in accordance with the relevant provisions set out within this Service Agreement.
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Sources: Service Agreement
Plan Approval Process.
24.1 Landlord and Tenant have approved the following preliminary plans and specifications for the Base Building and Site Improvements (the "Preliminary Plans"): (1) Scope Drawings listed on attached EXHIBIT "F-1", Architectural Standards listed on attached EXHIBIT "F-2", and the Minimum Shell Condition Requirements listed on attached EXHIBIT "F-3". To the extent there is any conflict between the Scope Drawings or the Architectural Standards and the Minimum Shell Condition Requirements, the Minimum Shell Condition Requirements shall control. During the Termdesign process, Landlord and Tenant will hold at least bi-weekly status meetings consisting of the respective team managers and other appropriate personnel. Landlord will endeavor to provide Tenant, on or before the date that is 60 days after the date of this Lease, detailed plans and specifications for the construction of the Base Building and Site Improvements (the "Construction Plans"). The Construction Plans shall be consistent with the Preliminary Plans. Within 8 business days after its receipt of the Construction Plans (or receipt of any modified Construction Plans as provided below), Tenant shall notify Landlord of its approval or disapproval of the Construction Plans (which approval shall not be unreasonably withheld), and if Tenant disapproves the Construction Plans, the Contractor revisions that Tenant requires in order to obtain such approval. It is agreed that Tenant will not object to Construction Plans to the extent that they conform to the Preliminary Plans; without limiting the foregoing, specifications included in the Construction Plans shall be required to provide consistent with the following high quality materials (each a "Plan"):
24.1.1 a detailed BCDR Plan;
24.1.2 an Exit Plan;
24.1.3 a Quality Plan;
24.1.4 a detailed Security Management Plan;
24.1.5 if required pursuant to clause 5.3taking into account useful life, a detailed Milestone Plan; and
24.1.6 if required pursuant to clause 5.3future operating costs and maintenance) contemplated in the Preliminary Plans. As promptly as reasonably possible thereafter, a detailed Test Plan.
24.2 The Contractor but no later than 30 days after Tenant's response, Landlord shall submit a draft to Tenant modified Construction Plans incorporating appropriate revisions. Tenant's approval of the relevant Plan to the Commission for approval final Construction Plans shall be evidenced by the date specified in this Service Agreement or as otherwise reasonably required by signature of Tenant's authorized representative on the Commissiontop of each sheet of the approved construction drawings and specifications. The Commission approved construction drawings and specifications are herein termed the "Approved Plans". If within the time periods provided above Tenant fails to approve or disapprove any submittal from Landlord to Tenant, said submittal shall not unreasonably withhold or delay approval of any Plan submitted for approval in accordance with this clause.
24.3 The parties will use reasonable endeavours to ensure that the Plan Approval Process is completed as soon as possible in relation to each Plan, without prejudice to any specific time limits for completion specified in any Schedule to this Service Agreement.
24.4 be deemed approved. Once approved by Tenant, Landlord will not change any of the CommissionApproved Plans without Tenant's consent, each Plan which consent shall not be adopted immediately unless the Commission otherwise requires.
24.5 Unless and until a Plan unreasonably withheld, conditioned or delayed provided such change is approved by the Commission the provisions of any corresponding outline plan shall apply.
24.6 Where the Commission withholds approval of a draft Plan, it shall identify the changes it reasonably requires to be made to that Plan together with the reasons for such changes. The Contractor shall amend the draft Plan so as to incorporate the changes reasonably required by the Commission and shall promptly re-submit the draft Plan not material to the Commission for approval.
24.7 If design or quality of the Commission does not approve an amended draft Plan submitted in accordance with clause 24.6 above, the Commission may at its discretion require the Contractor to repeat the process set out above until Base Building or Site Improvements; if such time as the Plan change is approved or at its option refer the matter material to the Dispute Resolution Procedure using design or quality of the Expedited Dispute TimetableBase Building or Site Improvements, Tenant may withhold its consent in Tenant's sole discretion.
24.8 In developing any draft Plan, the Contractor shall at the Commission's request liaise with Related Service Providers in respect of those aspects of any such draft Plan which have or may have an impact on a Related Service.
24.9 Without prejudice to any specific requirements contained in any Schedule to this Service Agreement regarding the updating of or amendment to any Plan, the Contractor shall revise the Plan(s) as necessary to reflect any Contract Changes that take place. The Contractor shall submit the revised draft Plan to the Commission for approval and the procedures set out in this clause 24 shall apply with respect to the approval of such revised Plan.
24.10 Any other plans created as a result of this Service Agreement shall be updated and maintained in accordance with the relevant provisions set out within this Service Agreement.
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