Common use of Right to Open Up Clause in Contracts

Right to Open Up. (a) Owner and the Consultant shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, to inspect) any part or parts of the Work, or to require testing of any part or parts of the Work, where Owner or the Consultant, as applicable, reasonably believes that such part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner makes such a request, Owner shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents and the requirements of Sections 17.1(a) and 17.1(c)) relevant to such part or parts of the Work, the exercise by Owner or the Consultant, as applicable, of its rights pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, to inspect) any part or parts of the Work, or to require testing of any part or parts of the Work, where Owner or the Consultant, as applicable, reasonably believes that such part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner makes such a request, Owner shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents and the requirements of Sections 17.1(a) and 17.1(c)) relevant to such part or parts of the Work, the exercise by Owner or the Consultant, as applicable, of its rights pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-on- site inspection when required.

Right to Open Up. (a) Owner and Subject to Clause 13.4, the Consultant Authority's Representative shall have the right, right at any time prior to the Final Actual Completion Date [a Phase Actual Completion Date, ] to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, to inspect) any part or parts of the Work, or Works [relating to require testing of any part or parts of the Work, relevant Phase] where Owner or the Consultant, as applicable, Authority's Representative reasonably believes that such part or parts of the Work Works [relating to the relevant Phase] is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner makes Prior to exercising his right pursuant to Clause 13.3 above, the Authority's Representative shall notify Project Co of his intention to exercise such a requestright, Owner shall include reasonably setting out detailed reasons with such request. (b) If reasons. If, following the exercise by the Authority's Representative of his right pursuant to Clause 13.3, the inspection shows that the relevant part or parts of the Work is or Works are not defective or that Project Co has failed then Clause 29.3.4 shall apply. If, following the exercise by the Authority's Representative of his right pursuant to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the WorkClause 13.3, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that defective, Project Co has complied with the requirements of this Project Agreement (including the Contract Documents shall rectify and the requirements of Sections 17.1(amake good such Defect(s) and 17.1(c)any consequence of such rectification and/or making good Defect(s) relevant shall be carried out by Project Co at no cost to the Authority and Project Co shall not be entitled to any extension of time in relation to such part or parts rectification and making good of the WorkWorks. If, following the exercise by Owner or the Consultant, as applicable, Authority's Representative of its rights his right pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c)Clause 13.3, the provisions Authority's Representative is of Section 17.2(b) shall apply as if the opinion that the inspection shows that the relevant part or parts of the Work Works is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule defective and Project Co does not agree with such opinion, the matter shall give be determined in accordance with Schedule Part 20 (Dispute Resolution Procedure). Without prejudice to the Consultant timely notice requesting on-site inspection when requiredrights of the Authority's Representative pursuant to this Clause 13 (Right of Access of Authority's Representative) the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of Project Co under this Agreement save as expressly set out in this Clause 13 (Right of Access of Authority's Representative).

Right to Open Up. (a) Owner and the Consultant NHS shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, NHS to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, NHS reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner NHS makes such a request, Owner NHS shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner NHS and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, NHS of its rights pursuant to this Section 17.2 20.3 shall, subject to and in accordance with Article 22Section 39, be treated as a Delay Event and, subject to and in accordance with Article 23Section 40, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant IO shall have the right, at any time prior to the Final Completion DateDate at each Site, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, IO to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, IO reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner IO makes such a request, Owner IO shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner IO and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, IO of its rights pursuant to this Section 17.2 19.3 shall, subject to and in accordance with Article 22Section 37, be treated as a Delay Event and, subject to and in accordance with Article 23Section 38, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner HMQ and the Consultant shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner HMQ or the Consultant, as applicable, to inspect) any part or parts of the Work, or to require testing of any part or parts of the Work, where Owner HMQ or the Consultant, as applicable, reasonably believes that such part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner HMQ makes such a request, Owner HMQ shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner HMQ and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents and the requirements of Sections 17.1(a) and 17.1(c)) relevant to such part or parts of the Work, the exercise by Owner HMQ or the Consultant, as applicable, of its rights pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by OwnerHMQ, or named by Owner HMQ and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant MHCP shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, MHCP to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, MHCP reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner MHCP makes such a request, Owner MHCP shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner MHCP and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, MHCP of its rights pursuant to this Section 17.2 19.3 shall, subject to and in accordance with Article 22Section 37, be treated as a Delay Event and, subject to and in accordance with Article 23Section 38, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant SJHC shall have the right, at any time prior to the Early Occupancy Completion Date in respect of the RMHC, St. ▇▇▇▇▇▇ Facility and at any time prior to the Final Completion DateDate in respect of the RMHC, London Facility, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, SJHC to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, SJHC reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner SJHC makes such a request, Owner SJHC shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner SJHC and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, SJHC of its rights pursuant to this Section 17.2 19.3 shall, subject to and in accordance with Article 22Section 37, be treated as a Delay Event and, subject to and in accordance with Article 23Section 38, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant HRRH shall have the right, at any time prior to the Final Completion Date, Date to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, HRRH to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, HRRH reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner HRRH makes such a request, Owner HRRH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner HRRH and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, HRRH of its rights pursuant to this Section 17.2 19.3 shall, subject to and in accordance with Article 22Section 37, be treated as a Delay Event and, subject to and in accordance with Article 23Section 38, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant CAMH shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, CAMH to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, CAMH reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner CAMH makes such a request, Owner CAMH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner CAMH and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, CAMH of its rights pursuant to this Section 17.2 19.3 shall, subject to and in accordance with Article 22Section 37, be treated as a Delay Event and, subject to and in accordance with Article 23Section 38, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner and the Consultant HHS shall have the right, at any time prior to the Final Completion Date, Date to request Project Co to open up and inspect (or allow Owner or the Consultant, as applicable, HHS to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner or the Consultant, as applicable, HHS reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner HHS makes such a request, Owner HHS shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsOutput Specifications, the Project Co Proposal Extracts and the Design Data) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner HHS and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Output Specifications, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Design Data) relevant to such part or parts of the WorkWorks, the exercise by Owner or the Consultant, as applicable, HHS of its rights pursuant to this Section 17.2 19.3 shall, subject to and in accordance with Article 22Section 37, be treated as a Delay Event and, subject to and in accordance with Article 23Section 38, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner CMH and the Consultant shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner CMH or the Consultant, as applicable, to inspect) any part or parts of the Work, or to require testing of any part or parts of the Work, where Owner CMH or the Consultant, as applicable, reasonably believes that such part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner CMH makes such a request, Owner CMH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner CMH and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents and the requirements of Sections 17.1(a) and 17.1(c)) relevant to such part or parts of the Work, the exercise by Owner CMH or the Consultant, as applicable, of its rights pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by OwnerCMH, or named by Owner CMH and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner WGH and the Consultant Architect of Record shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner WGH or the ConsultantArchitect of Record, as applicable, to inspect) any part or parts of the WorkWorks, or to require testing of any part or parts of the WorkWorks, where Owner WGH or the ConsultantArchitect of Record, as applicable, reasonably believes that such part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsTechnical Requirements, the Project Co Proposal Extracts and the Quality Plans) relevant to such part or parts of the WorkWorks, and Project Co shall comply with such request. When Owner WGH makes such a request, Owner WGH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work Works is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract DocumentsTechnical Requirements, the Project Co Proposal Extracts and the Quality Plans) relevant to such part or parts of the WorkWorks, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) and at no cost to Owner WGH and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work Works is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents Technical Requirements, the Project Co Proposal Extracts and the requirements of Sections 17.1(a) and 17.1(c)Quality Plans) relevant to such part or parts of the WorkWorks, the exercise by Owner WGH or the ConsultantArchitect of Record, as applicable, of its rights pursuant to this Section 17.2 20.3 shall, subject to and in accordance with Article 22Section 39, be treated as a Delay Event and, subject to and in accordance with Article 23Section 40, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by Owner, or named by Owner and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.

Right to Open Up. (a) Owner CHH and the Consultant shall have the right, at any time prior to the Final Completion Date, to request Project Co to open up and inspect (or allow Owner CHH or the Consultant, as applicable, to inspect) any part or parts of the Work, or to require testing of any part or parts of the Work, where Owner CHH or the Consultant, as applicable, reasonably believes that such part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, and Project Co shall comply with such request. When Owner CHH makes such a request, Owner CHH shall include reasonably detailed reasons with such request. (b) If the inspection shows that the relevant part or parts of the Work is or are defective or that Project Co has failed to comply with the requirements of this Project Agreement (including the Contract Documents) relevant to such part or parts of the Work, Project Co shall rectify all such defects and non-compliance diligently (including any re-testing) at no cost to Owner CHH and Project Co shall not be entitled to any additional compensation (and for clarity, such Work shall not form part of the Cost of the Work) or extension of the Contract Time in relation thereto. (c) If the inspection shows that the relevant part or parts of the Work is or are not defective and that Project Co has complied with the requirements of this Project Agreement (including the Contract Documents and the requirements of Sections 17.1(a) and 17.1(c)) relevant to such part or parts of the Work, the exercise by Owner CHH or the Consultant, as applicable, of its rights pursuant to this Section 17.2 shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event. For greater certainty, if Project Co has failed to comply with the requirements of Sections 17.1(a) 17.1 or 17.1(c), the provisions of Section 17.2(b) shall apply as if the relevant part or parts of the Work is or are defective. (d) Where inspection and testing services are specified, the firm employed for such services shall be the firm named and paid by OwnerCHH, or named by Owner CHH and paid through a Cash Allowance Disbursement Authorization by Project Co and others (unless otherwise indicated) or named and paid by Contractor. Such inspection shall be identified in the Construction Schedule and Project Co shall give the Consultant timely notice requesting on-site inspection when required.