Common use of Witness Points Clause in Contracts

Witness Points. Contractor shall provide Owner a proposed list of witness points for each item of Equipment for Owner’s review and prior written approval no later than thirty (30) Days’ after placement of the applicable Subcontract for such item of Equipment (or, with respect to the Siemens Contract, thirty (30) Days after the Effective Date), and Owner shall notify Contractor which of the witness points it or its Lenders’ representatives wish to witness. Contractor shall provide Owner with at least five (5) Business Days’ prior written notice of the actual scheduled date of each of the tests Owner has indicated it or its Lenders’ representatives wish to witness. Contractor shall cooperate with Owner if Owner or its Lenders’ representatives elect to witness any additional tests, and Contractor acknowledges that Owner and its Lenders’ representatives shall have the right to witness all tests being performed in connection with the Work. Owner’s rights of inspection (and the rights given to the Lenders’ representatives) as set forth herein apply only to their witnessing of witness points for Equipment and shall not be construed to imply a limitation on Owner’s right to inspect any portion on the Work (including Equipment) at any time in accordance with this Agreement.