Common use of Witness Points Clause in Contracts

Witness Points. No later than [***] ([***]) Days after NTP, Contractor shall submit to Owner for its approval a proposed list of witness points for each item of the Work. Contractor shall modify such list of witness points based on any additional or different witness points Owner desires. After Owner’s approval of the witness points, Contractor shall provide Owner with at [***] ([***]) Days’ prior notice of the actual scheduled date of each of the tests relating to such witness points at the Site and [***] ([***]) Days’ prior notice of the actual scheduled date of each of the tests relating to such witness points. Notwithstanding such right to witness tests, Owner, Lender, and Independent Engineer shall not interrupt or interfere with any test or require changes while witnessing such tests (unless such interruption relates to safety). Contractor shall cooperate with Owner, Lender and Independent Engineer if Owner, Lender or Independent Engineer elects to witness any additional tests, and Contractor acknowledges that Owner, Lender and Independent Engineer shall have the right to witness all tests being performed in connection with the Work. Owner’s, Lender’s and Independent Engineer’s right of inspection as set forth herein applies only to its witnessing of witness points for Work and shall not be construed to imply a limitation on Owner’s, Lender’s or Independent Engineer’s right to inspect any portion on the Work (including Equipment) at any time in its sole discretion and in accordance with this Agreement.

Witness Points. No later than [***] ([***]) Days after NTP, Contractor shall submit to Owner for its approval a proposed list of witness points for each item of the Work. Work as part of inspection and test plans to be submitted per Attachment Y. Contractor shall modify such list of witness points based on any additional or different witness points Owner desires. After Owner’s approval of the witness points, Contractor shall provide Owner with at [***] ([***]) Days’ prior notice of the actual scheduled date of each of the tests relating to such witness points at the Site and [***] ([***]) Days’ prior notice of the actual scheduled date of each of the tests relating to such witness points. Notwithstanding such right to witness tests, Owner, Lender, and Independent Engineer shall not interrupt or interfere with any test or require changes while witnessing such tests (unless such interruption relates to safety). Contractor shall cooperate with Owner, Lender ▇▇▇▇▇▇ and Independent Engineer if Owner, Lender or Independent Engineer elects to witness any additional tests, and Contractor acknowledges that Owner, Lender ▇▇▇▇▇▇ and Independent Engineer shall have the right to witness all tests being performed in connection with the Work. Owner’s, Lender▇▇▇▇▇▇’s and Independent Engineer’s right of inspection as set forth herein applies only to its witnessing of witness points for Work and shall not be construed to imply a limitation on Owner’s, Lender▇▇▇▇▇▇’s or Independent Engineer’s right to inspect any portion on the Work (including Equipment) at any time in its sole discretion and in accordance with this Agreement.. C.

Witness Points. No later than [***] ([***]) Days after NTP, Contractor shall submit to Owner for its approval a proposed list of witness points for each item of the Work. Work as part of inspection and test plans to be submitted per Attachment Y. Contractor shall modify such list of witness points based on any additional or different witness points Owner desires. After Owner’s approval of the witness points, Contractor shall provide Owner with at [***] ([***]) Days’ prior notice of the actual scheduled date of each of the tests relating to such witness points at the Site and [***] ([***]) Days’ prior notice of the actual scheduled date of each of the tests relating to such witness points. Notwithstanding such right to witness tests, Owner, Lender, and Independent Engineer shall not interrupt or interfere with any test or require changes while witnessing such tests (unless such interruption relates to safety). Contractor shall cooperate with Owner, Lender ▇▇▇▇▇▇ and Independent Engineer if Owner, Lender or Independent Engineer elects to witness any additional tests, and Contractor acknowledges that Owner, Lender ▇▇▇▇▇▇ and Independent Engineer shall have the right to witness all tests being performed in connection with the Work. Owner’s, Lender▇▇▇▇▇▇’s and Independent Engineer’s right of inspection as set forth herein applies only to its witnessing of witness points for Work and shall not be construed to imply a limitation on Owner’s, Lender▇▇▇▇▇▇’s or Independent Engineer’s right to inspect any portion on the Work (including Equipment) at any time in its sole discretion and in accordance with this Agreement.