Authority-Directed Changes Sample Clauses

Authority-Directed Changes. ‌ Authority may, at any time, without notice to the sureties hereunder or the Guarantor, by Directive Letter under Article 16.2 or by a Time and Materials Change Order, make changes to the Work. Such changes to the Work shall be considered Authority- Directed Changes. Contractor shall proceed immediately with the Work as directed in the Directive Letter or the Time and Materials Change Order. Contractor shall maintain and, upon request, deliver to Authority, contemporaneous records, meeting the requirements of the Time and Materials Change Orders clause (Article 16.16), for all Work performed that Contractor believes constitutes extra work, until all disputes regarding entitlement or cost of such work are resolved. Contractor shall maintain such records in separate accounts, by job order or other suitable accounting procedure for each change or series of related changes. Contractor’s receipt of a Directive Letter or Time and Materials Change Order from Authority is a condition precedent to Contractor’s right to claim that an Authority- Directed Change has occurred, provided that no Directive Letter or Time and Materials Change Order shall be required for alleged Authority-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Authority. To the extent Contractor performs any changed or extra work without receiving a Directive Letter (provided that no Directive Letter shall be required for alleged Authority-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Authority) or Change Order, including a Time and Materials Change Order, executed by Authority, Contractor shall be deemed to have performed such work voluntarily and shall not be entitled to a Change Order in connection therewith, and may be required to remove or otherwise undo such work at its sole cost.
Sample 1
AutoNDA by SimpleDocs
Authority-Directed Changes. The Authority may, at any time, without notice to the sureties hereunder or any Guarantor, by written order designated or indicated to be a directive letter under this “Authority-Directed Changes” clause or by a Time and Materials Change Order under the “Time and Materials Change Orders” clause (Section 17.9) of the General Provisions, require performance of the Work or make changes in the Work within the general scope of the Contract, including the following changes:  In the Scope of the Work to be performed;  In the specifications including performance specifications, drawings and designs;  In the means, method, sequences, techniques or manner of performance of the Work;  In the facilities, equipment, materials, services, or site to be furnished by the Contractor or the Authority; and  Directing acceleration in the performance of the Work. The Contractor shall proceed immediately with the Work as directed in (a) the directive letter, pending the execution of a formal Change Order (or, if the directive letter states that the Work is within the original scope of the Work, the Contractor shall proceed with the Work as directed but shall have the right pursuant to the “Disputes” clause (Section 51) of the General Provisions to request that the Authority issue a Change Order with respect to the directive letter) or (b) the Time and Materials Change Order. Receipt of a directive letter or Time and Materials Change Order from the Authority is a condition precedent to the Contractor’s right to claim that an Authority-Directed Change has occurred, provided that no directive letter or Time and Materials Change Order shall be required for alleged Authority-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by the Authority. The fact that a directive letter was issued by the Authority shall not be considered evidence that in fact an Authority-Directed Change occurred. The determination whether an Authority-Directed Change in fact occurred shall be based on an analysis of the original Contract Documents requirements and any effect of the directive letter on those requirements. To the extent the Contractor performs any changed or extra work without receiving a directive letter (provided that no directive letter shall be required for alleged Authority-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or c...
Sample 1
Authority-Directed Changes 
Sample 1

Related to Authority-Directed Changes

  • Authority Data The Contractor shall use the Authority Data only as necessary for the performance of its obligations under this Contract unless otherwise authorised in writing by the Authority.

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • E1 Authority Data E1.1 For the purposes of clauses E1 and 2, the terms “Data Controller”, “Data Processor”, “Data Subject”, “

  • Decision-Making Authority BMS shall have the sole decision-making authority for the operations and Commercialization strategies and decisions, including funding and resourcing, related to the Commercialization of Products; provided that such decisions are not inconsistent with the express terms and conditions of this Agreement, including BMS’ diligence obligations set forth in Section 5.1.

  • Territorial application As regards the Kingdom of the Netherlands, the present Agreement shall apply to the part of the Kingdom in Europe, to the Netherlands Antilles and to Aruba, unless the notification provided for in Article 14, paragraph (1) provides otherwise.

  • Regulatory Changes If any legislative, regulatory, judicial or other legal action (other than an Amendment to the Act, which is provided for in Section 29.3) materially affects the ability of a Party to perform any material obligation under this Agreement, a Party may, on thirty (30) days written notice to the other Party (delivered not later than thirty (30) days following the date on which such action has become legally binding), require that the affected provision(s) be renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new provision(s) as may be required; provided that such affected provisions shall not affect the validity of the remainder of this Agreement.

  • AUTHORITY APPROVALS Except as otherwise indicated elsewhere in this Agreement, wherever in this Agreement approvals are required to be given or received by Authority, it is understood that the CEO, or a designee of the CEO, is hereby empowered to act on behalf of Authority.

  • Authority, Etc The execution and delivery by Borrower of this Amendment and the performance by Borrower of all of its agreements and obligations under the Loan Agreement and the other Loan Documents, as amended hereby, are within the corporate authority of Borrower and have been duly authorized by all necessary corporate action on the part of Borrower. With respect to Borrower, the execution and delivery by Borrower of this Amendment does not and will not require any registration with, consent or approval of, or notice to any Person (including any governmental authority).

  • Authority of the Board The Board shall have full authority to interpret and construe the terms of the Plan and this Option Agreement. The determination of the Board as to any such matter of interpretation or construction shall be final, binding and conclusive.

  • COMPETENT SUPERVISORY AUTHORITY Identify the competent supervisory authority/ies in accordance with Clause 13 … ANNEX II - TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA EXPLANATORY NOTE: The technical and organisational measures must be described in specific (and not generic) terms. See also the general comment on the first page of the Appendix, in particular on the need to clearly indicate which measures apply to each transfer/set of transfers. Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons. [Examples of possible measures: • Measures of pseudonymisation and encryption of personal data • Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services • Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident • Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing • Measures for user identification and authorisation • Measures for the protection of data during transmission • Measures for the protection of data during storage • Measures for ensuring physical security of locations at which personal data are processed • Measures for ensuring events logging • Measures for ensuring system configuration, including default configuration • Measures for internal IT and IT security governance and management • Measures for certification/assurance of processes and products • Measures for ensuring data minimisation • Measures for ensuring data quality • Measures for ensuring limited data retention • Measures for ensuring accountability • Measures for allowing data portability and ensuring erasure]

Time is Money Join Law Insider Premium to draft better contracts faster.