Common use of Right to Oversee Work Clause in Contracts

Right to Oversee Work. (a) The Department will have the right at all times during the Term to carry out Oversight Services with respect to all aspects of the design, permitting, financing, acquisition, construction, installation, equipping, maintenance, repair, preservation, modification, operation, management and administration of the Project. The Department’s Oversight Services will not impact its right to rely on the Concessionaire to perform its obligations pursuant to this Agreement. (b) The Concessionaire will fully cooperate with the Department to facilitate its conduct of Oversight Services. In the course of performing Oversight Services, the Department will use reasonable efforts to minimize the effect and duration of any disruption to or impairment of the Work or the Project. (c) The Department will submit to the Concessionaire in accordance with Section 8.04(c) all Department comments related to the Concessionaire’s submittals certified in accordance with this Agreement and the Technical Requirements. If after the process for reviewing the Concessionaire’s submittals, the Department reasonably determines that a submittal fails to comply with the applicable Technical Requirements, the Department will have the right, in accordance with this Agreement, to direct the Concessionaire to perform the Work in accordance with the Department’s instructions. In such event, the Concessionaire will be obligated to diligently proceed with the Work in accordance with such directive, and will have the right to (i) dispute the Department’s directive in accordance with this Agreement and, if it chooses, (ii) proceed with the expedited dispute resolution process set forth in Article 21. If it is finally determined in accordance with the dispute resolution procedures in Article 21 that the Concessionaire’s submittal complied with the applicable Technical Requirements, the additional Work required by the Department’s directive will be treated as a Department Change pursuant to Section 14.02.

Right to Oversee Work. (a) The Department will have the right at all times during the Term to carry out Oversight Services with respect to all aspects of the design, permitting, financing, acquisition, construction, installation, equipping, maintenance, repair, preservation, modification, operation, management and administration of the Project. The Department’s Oversight Services will not impact its right to rely on the Concessionaire to perform its obligations pursuant to this Agreement. (b) The Concessionaire will fully cooperate with the Department to facilitate its conduct of Oversight Services. In the course of performing Oversight Services, the Department will use reasonable efforts to minimize the effect and duration of any disruption to or impairment of the Work or the Project. (c) The Department will submit to the Concessionaire in accordance with Section 8.04(c) all Department comments related to the Concessionaire’s submittals certified in accordance with this Agreement and the Technical Requirements. If after the process for reviewing the Concessionaire’s submittals, the Department reasonably determines that a submittal fails to comply with the applicable Technical Requirements, the Department will have EXECUTION VERSION – DECEMBER 5, 2011 the right, in accordance with this Agreement, to direct the Concessionaire to perform the Work in accordance with the Department’s instructions. In such event, the Concessionaire will be obligated to diligently proceed with the Work in accordance with such directive, and will have the right to (i) dispute the Department’s directive in accordance with this Agreement and, if it chooses, (ii) proceed with the expedited dispute resolution process set forth in Article 21. If it is finally determined in accordance with the dispute resolution procedures in Article 21 that the Concessionaire’s submittal complied with the applicable Technical Requirements, the additional Work required by the Department’s directive will be treated as a Department Change pursuant to Section 14.02.