Architect/Engineer's Failure to Perform Sample Clauses

Architect/Engineer's Failure to Perform. Notwithstanding anything to the contrary in this Agreement: (a) Owner shall not be responsible to pay and the Architect/Engineer shall not be entitled to receive compensation for any Contingent Additional Services if such services were required due to the fault of the Architect/Engineer or the Architect/Engineer's failure to perform in accordance with the terms of this Agreement; and (b) the services described in this Section 3.3 shall be deemed Additional Services only if the Architect/Engineer can demonstrate to Owner that a direct and material increase in the Architect/Engineer's costs has been incurred and caused by the Owner.
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Architect/Engineer's Failure to Perform. Notwithstanding anything to the contrary in this Agreement, the Owner shall not be responsible to pay and the Architect/Engineer shall not be entitled to receive compensation for any Optional Additional Services if such services were required due to the fault of the Architect/Engineer or the Architect/Engineer's failure to perform in accordance with the terms of this Agreement.

Related to Architect/Engineer's Failure to Perform

  • Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code Xxx., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code Xxx., Chapter 1052, a person licensed as a professional engineer pursuant to Tex. Occ. Code Xxx., Chapter 1001 and/or a firm employed by Owner or a design-build contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

  • Building Commissioning Services The Owner may provide as a part of its testing services the Building Commissioning services involving the project’s HVAC and exhaust systems, temperature control systems, fire detection and alarm systems, emergency power and lighting system, fire suppression system, security locks and security locking control systems, food service equipment (if applicable), and laundry equipment (if applicable). In the event the Using Agency’s Program specifies additional commissioning services, the Owner shall procure such services as well. The Owner, through its Executive Administrator, may engage an independent Commissioning Authority. It is the intent of this Article that the Commissioning Authority enforce the requirements mentioned herein and certify that the systems and equipment listed all function properly prior to the initiation of each final inspection.

  • Project Engineer If the Project has been designed by the Project Engineer, the Project Engineer is to act as the Owner's representative, assumes all duties and responsibilities, and has the rights and authority assigned to Project Engineer in the Contract Documents in connection with completion of the Work all in accordance with the Contract Documents.

  • Move-in; Inspection; Delay Before Resident may access or occupy the premises, any required installments or other payments then due (including any Administrative Fee, which is earned and payable upon mutual execution of this Agreement) must be paid in full with cleared funds and guaranty or prepayment requirements satisfied. The application fee (if any) is non-refundable and is not applicable toward any other payments required of Resident under this Agreement. Prior to Resident’s taking possession of the assigned bedroom space (and any re-assigned bedroom space), Resident will conduct an inspection of the assigned bedroom space and apartment and will note on the Check-In/Check-Out Inspection Report (“Inspection Report”) any defects, damage or other conditions observed, if not already identified by Owner on such report; upon completion and approval by Owner, the Inspection Report will become part of this Agreement. At the time of move-out, Resident is encouraged to inspect the bedroom space and apartment with Owner’s representative by making an appointment during business hours at least 48 hours in advance. Within three business days following Resident’s move-out (or, as applicable, following the move-out of all residents of an apartment) at the termination of this Agreement, or within a reasonable time if Resident moves out without notifying Owner, Owner will note the then-present condition of the assigned bedroom space and apartment, including all appliances and fixtures, and any damages incurred and/or extraordinary cleaning deemed necessary by Owner or extraordinary wear as determined by Owner. Resident will promptly pay all costs of restoring the bedroom space and apartment to the same condition upon move-in, less normal wear. Resident acknowledges that except as provided in the Inspection Report, each bedroom space and apartment are being delivered in "as-is" condition, and Resident’s acceptance of the assigned bedroom space and apartment at the beginning of the Term constitutes Resident’s acknowledgment that the bedroom space and apartment and all fixtures are in good repair and condition. Owner will not be responsible for any damages or consequences suffered by Resident as a result of Owner’s inability to timely deliver possession of the apartment or assigned bedroom space to Resident on the anticipated Start Date; in such event, the rent payable will be abated until Owner tenders possession and such delay will not extend or decrease the term or change the End Date. Resident acknowledges that any model apartment at the Property shown to Resident in person, online or through other means is intended to be representative of the general quality and type of construction and materials within apartments. Specific items of décor and furnishings and the actual colors, styles, materials, upholstery and other treatments in the apartment assigned to Resident may vary from those in the model apartment. The actual apartment assigned to Resident may also vary in approximate size, square footage and layout. Resident’s apartment will not include custom lighting, lamps, decorations, linens, unattached appliances or other personal property as may be shown in the model apartment.

  • Operation Delays STATE shall have the authority to delay or suspend the operations of PURCHASER and contractors of PURCHASER, wholly or in part, under this contract for such period or periods necessary due to fire hazard conditions, severe weather occurrence, surveying for threatened or endangered species listed under the state or federal Endangered Species Act, or any other activity STATE determines to be necessary for identification, management, or protection of a threatened or endangered species. PURCHASER agrees to cooperate with surveying efforts of STATE or its contractors. In no event shall STATE be liable for any costs incurred by PURCHASER by reason of delay or suspension under this section, including but not limited to costs of additional move-in/move-out of equipment and personnel, extra fire and equipment security, and insurance or bonding expenses.

  • Site Work An expansion of the Connecting Transmission Owner’s Boonville Station is required to accommodate the CTOIFs. The southern corner of the fence line will be expanded out by approximately 3,200 square feet. The Connecting Transmission Owner already owns the property required for the expansion. Approximately 120 feet of the existing fencing will need to be removed and approximately 150 feet of new fencing added.

  • Subprojects 1. The Borrower shall make Grants to Beneficiaries (Small Farmers, Municipalities and Organizations) for Subprojects (Farmers’ Business Initiatives, Infrastructure Subprojects and Environmental Subprojects) in accordance with eligibility criteria and procedures acceptable to the Bank as further detailed in the Project Operational Manual.

  • Design Professional Contract The Contract between the Owner and the Design Professional for the design of the Project.

  • CONSTRUCTION AND RELATED ENGINEERING SERVICES A. General construction work for buildings (CPC 512) 1) Unbound* 2) None 3) None 1) Unbound* 2) None 3) None

  • Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The party named in article 1, Responsible Parties, under AGREEMENT is responsible for the following:

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