17.6 The Board confirms that, as at the date of this Agreement, it has reviewed such of Project Co's Proposals as have been initialled by the Board and that, subject to any qualifications and/or comments notified by the Board to Project Co in writing and set out in [ ]39 such proposals satisfy the Board's requirements in respect of Clinical Functionality, so far as can reasonably be determined given the level of detail of Design Data which has been disclosed to the Board.40
17.7 Project Co shall develop and finalise the design and specification of the Works and the Board shall review the Reviewable Design Data in accordance with Part 10 of the Schedule (Review Procedure) and the provisions of this Clause 17.7:
(a) Project Co shall submit the Reviewable Design Data and the design of any Variations developed in accordance with the procedure set out in Part 22 of the Schedule (Variation Procedure) to the Board's Representative for review under Part 10 of the Schedule (Review Procedure). Project Co shall not commence or permit the commencement of construction of the part or parts of the Facilities to which such Reviewable Design Data relates until it has submitted the appropriate Reviewable Design Data and either it is confirmed by the Board's Representative that Project Co is entitled to proceed with construction in accordance with paragraph 3(c) of Part 10 of the Schedule (Review Procedure) or Project Co is disputing the status of such Reviewable Design Data pursuant to paragraph 4.3 of Part 10 of the Schedule (Review Procedure).
(b) with effect from the date at which any item of Reviewable Design Data is or becomes an Approved RDD Item in accordance with Part 10 of the Schedule (Review Procedure), such Approved RDD Item shall for the purposes of this Agreement be deemed to have satisfied the requirements of the Board in the manner and to the extent set out in Appendix 1, Table A of Part 10 of the Schedule (Review Procedure);
(c) Project Co shall allow the Board's Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Board's Representative as soon as practicable following receipt of any written request from the Board's Representative; and
(d) Project Co shall procure that the Contractor establishes and maintains a computerised design database which Project Co and the Board's Representative may access remotely by computer to view drawings comprised within the Design Data (including Reviewable Design Data) and electronically store and/or print copies of such Design Data. In the event of the Board's Representative being unable to access such design database, Project Co shall procure that it is made available for inspection by the Board's Representative, or any other person authorised by the Board's Representative.
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39 Specify where qualifications are set out. Board must have right to notify Project Co of its comments.
40 It is vital that Boards review the final version of Project Co's Proposals shortly before contract signature in order to ensure that Project Co's Proposals satisfy the Board's requirements for Clinical Functionality and that it is therefore happy to give its sign off to them.