Common use of Company’s Representative Clause in Contracts

Company’s Representative. 16.1 The Company shall appoint the Company’s Representative to act on its behalf in connection with this Agreement. Such appointment (and the appointment of any replacement) shall be subject to the Contracting Authority’s consent, which consent shall not be unreasonably withheld or delayed in respect of the appointment of an individual suitably qualified and competent to discharge the functions of the Company’s Representative under this Agreement. 16.2 The Company’s Representative shall be deemed to have full power and authority to act on behalf of the Company (but shall have no personal liability to the Contracting Authority) for the purposes of this Agreement. With effect from the Date of this Agreement (without prejudice to the Company’s rights under this Clause 16) the Parties agree that the Company’s Representative shall be authorised to exercise the rights and powers specified in Part 2 of Schedule 13 (Authority of Representatives). Any such authorisation (or withdrawal or amendment of such authorisation) shall take effect from the date on which notice thereof is received by the Contracting Authority or such later date as may be specified in such notice. 16.3 If at any time there is no Company’s Representative: 16.3.1 the Company shall use its best endeavours to replace the Company’s Representative as soon as practicable; and 16.3.2 from the date of receipt by the Contracting Authority of notice from the Company to that effect until the Company appoints a replacement in accordance with Clause 16.1, any notification to be made by the Contracting Authority to the Company’s Representative shall be made to the Company and any action which requires to be taken by the Company’s Representative shall be taken by the Company.

Appears in 2 contracts

Sources: Design, Build, Finance and Operation Agreement, Design, Build, Finance and Operation Agreement