Technical Adviser Clause Samples
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Technical Adviser. 5.1 Cooperate and cause the Prime Contractor and the PASA Agent to cooperate with the Technical Adviser in the performance of the Technical Adviser’s duties. Without limiting the generality of the foregoing, the Company shall and shall cause the Prime Contractor to:
(a) communicate with and promptly provide all invoices, documents, plans and other information reasonably requested by the Technical Adviser relating to the work;
(b) provide the Technical Adviser with access to the Site and, subject to required safety precautions and reasonable site management restrictions, the construction areas; and
(c) solely in the case of the PASA Agent, provide the Technical Adviser with reasonable working space and access to telephone, copying and telecopying equipment at the Site (or such other location in reasonable proximity to the Site as the Projects near completion), and the Company shall take reasonable measures to otherwise facilitate the Technical Adviser’s review of the construction of the Projects and preparation of the certificates and reports required hereunder. The Company shall also maintain in Hong Kong or Macau a complete set and, promptly upon written request, provide the Technical Adviser with reasonable access to and copies of, each first tier Subcontract entered into by the Prime Contractor (or any other Contractor who is party to a Project Document entered into with the Company that is not subject to a fixed price) with a contract price (or expected aggregate amount to be paid in the case of “cost plus” contracts) in excess of USD500,000 or its equivalent.
Technical Adviser. The Borrower shall do all that is necessary to enable the Technical Adviser to fulfil its duties and conduct the review of the Projects required pursuant to the scope of work specified in clause 20 and to report to the Facility Agent (on behalf of the Lenders) with its conclusions and its technical reports.
Technical Adviser. The Technical Adviser's Deed of Appointment including the collateral warranty in favour of the Authority relative thereto shall specify that the Technical Adviser owes a duty of care to the Authority and the Contractor and the Senior Lenders and a duty to act in good faith in relation to the discharge of his duties under this Agreement and the Technical Adviser's Deed of Appointment and that the Technical Adviser is to have due and equal regard to any representations made by any party in respect of the matters to be determined thereunder.
Technical Adviser. Receipt by the Facility Agent of the Due Diligence Report and the Gap Analysis Report in the form approved by the Mandated Lead Arrangers prior to the date of this Agreement.
Technical Adviser. A report in form and content satisfactory to the Lenders from the Technical Adviser, as to the adequacy of construction of the Vessel in accordance with the Agreed Scope of Work.
Technical Adviser. Receipt by the Agents of the opinion of the Technical Adviser pursuant to clause 20.2.1 of this Agreement.
Technical Adviser. 5.1 Solely with respect to the Original Project and the Expansion, cooperate and cause the Prime Contractor and the PASA Agent to cooperate with the Technical Adviser in the performance of the Technical Adviser’s duties. Without limiting the generality of the foregoing, the Company shall and shall cause the Prime Contractor to:
(a) communicate with and promptly provide all invoices, documents, plans and other information reasonably requested by the Technical Adviser relating to the work;
(b) provide the Technical Adviser with access to the Site and, subject to required safety precautions and reasonable site management restrictions, the construction areas; and
(c) solely in the case of the PASA Agent, provide the Technical Adviser with reasonable working space and access to telephone, copying and telecopying equipment at the Site (or such other location in reasonable proximity to the Site as the Projects near completion), and the Company shall take reasonable measures to otherwise facilitate the Technical Adviser’s review of the construction of the Projects and preparation of the certificates and reports required hereunder. The Company shall also maintain in Hong Kong or Macau a complete set and, promptly upon written request, provide the Technical Adviser with reasonable access to and copies of, each first tier Subcontract entered into by the Prime Contractor (or any other Contractor who is party to a Project Document entered into with the Company that is not subject to a fixed price) with a contract price (or expected aggregate amount to be paid in the case of “cost plus” contracts) in excess of USD500,000 or its equivalent.
5.2 Solely with respect to the Original Project and the Expansion, in addition to any other consultation required under this Agreement, following the end of each quarter, upon the request of the Intercreditor Agent, consult with any such Person regarding any adverse event or condition identified in any report prepared by the Technical Adviser.
Technical Adviser. Receipt by the Agents of the Yard Acceptance Confirmation relating to that Rig.
Technical Adviser. (a) The Borrower shall give the Facility Agent and the Technical Adviser:
(i) reasonable notice of all acceptance tests to be carried out in respect of the Lampung FSRU and/or the Mooring (if it so requires) and copies of its reports on such tests promptly following completion of such tests to the extent necessary to carry out its Agreed Scope of Work;
(ii) promptly upon receipt by the Borrower and/or the O&M Contractor, a copy of any notice received from the Charterer in relation to any material operational issues in respect of the Charter which might reasonably be expected to adversely affect the amount of Charter Hire;
(b) The Technical Adviser is entitled to inspect the Borrower’s and any O&M Contractor’s records (including all drawings and specifications) in relation to the Vessel, the Mooring and the Project on reasonable prior notice to the Borrower or, as the case may be, any O&M Contractor to the extent necessary to carry out its Agreed Scope of Work;
(c) The Borrower shall use best endeavours to ensure that the Technical Advisor shall:
(i) at any time it has a material concern relating to the Project, which has been raised with the Borrower and not resolved, on reasonable prior notice to the Borrower be allowed to visit the Site and/or the Builder’s and/or the Mooring EPC Contractor’s yard and/or to board the Vessel and/or the Mooring to enable the Technical Adviser to investigate such concern (without interfering with or hindering performance of a Project Agreement or the safe and efficient operation of the Vessel or Mooring) and shall be given all proper facilities needed for that purpose;
(ii) following an Event of Default which is continuing, be granted access to any meetings between the Borrower and the Charterer or the Builder or the Mooring EPC Contractor, in each case subject to the consent of the Charterer or, as the case may be, the Builder or the Mooring EPC Contractor or the Mooring Installation Contractor.
(d) The Borrower shall, and shall procure that the O&M Contractor shall:
(i) provide all necessary co-operation, access and assistance or, as the case may be, procure that the same is provided within their control to enable the Technical Adviser to complete its scope of work and produce the reports in accordance with the Agreed Scope of Work; and
(ii) following the occurrence of an Event of Default which is continuing and on request by the Facility Agent, prepare any report or investigate any concerns of the Facility Agent in each ...
Technical Adviser. (a) The Borrower shall give the Lender and the Technical Adviser:
(i) reasonable notice of all acceptance tests to be carried out in respect of the Vessel and copies of its reports on such tests promptly following completion of such tests to the extent necessary for the Technical Adviser to carry out the Agreed Scope of Work; and
(ii) promptly upon receipt by the Borrower and/or the Supervisor, a copy of any notice received from the Bareboat Charterer and/or the Acceptable Sub-Charterer in relation to any material operational issues in respect of the Bareboat Charter (in the case of the Bareboat Charterer) or the Acceptable Sub-Charter (in the case of the Acceptable Sub-Charter) which might reasonably be expected to adversely affect the amount of Acceptable Sub-Charter Hire. The Technical Adviser is entitled to inspect the Borrower's and/or the Sub-Contractor’s (where provided to the Borrower) and/or the Supervisor’s records (including all drawings and specifications) in relation to the Vessel and the Project on reasonable prior notice to the Borrower to the extent necessary to carry out the Agreed Scope of Work.
(b) The Borrower shall use best endeavours to ensure that the Technical Adviser shall: