Finished Appearance Clause Samples

Finished Appearance. 3.23.1 Any bituminous material remaining on exposed surfaces of curbs, sidewalks or other masonry structures shall be removed by sandblasting or other acceptable means at the Contractor's expense within 24 hours of notification. 4.1 Plant mix bituminous pavement will be measured by the ton to the nearest 0.1 ton, and in accordance with Section 108.01. Batch weights will be permitted as a method of measurement only when the provisions of Section 401.3.8.3 are met, in which case payment will be based on the cumulative weight of all the batches. The tonnage shall be the weight used in the accepted pavement and no deduction will be made for the weight of bituminous material or additives in the mixture. 4.1.1 Hot bituminous pavement, machine or hand method (night), will be measured in the same manner as Section 401.4. No separate measurement will be made for lighting necessary or overtime required due to night operations at the plant or at the site. 4.1.2 Due to possible variations in the specific gravity of the aggregates and to possible field changes in areas to be paved, the tonnage used may vary from the proposal quantities and no adjustment in Contract Unit Prices will be made because of such variation. 4.1.3 No adjustment in Contract Unit Prices will be made due to liquid asphalt price fluctuations. 4.1.4 Bituminous concrete removed because of faulty workmanship or admixture of foreign materials, will not be included in the pay tonnage. 4.2 Adjustment Pay Schedule for Density 4.2.1 The pay factor based on the density adjustment schedule will be applied to the bid price per ton for compacted mixtures greater than or equal to 1-1/2 inches thickness as shown in the Contract Unit Prices. Average Percent of Maximum Density (minimum 5 samples) Percent Payment 4.2.2 he pa y fa ct or ba sed on the longitudinal joint (LJ) density adjustment schedule will be applied to the bid price per ton for compacted mixtures greater than or equal to 1 1/2 inches thickness as shown in the Contract Unit Price. 100.0 - 98.1 98 98.0 - 95.0 102 94.9 - 90.0 100 89.9 - 89.0 90 88.9 - 88.0 80 87.9 - 87.0 70 4.2.3 The total hot mix asphalt adjustment will be based on the weighted sum as follows:
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Related to Finished Appearance

  • Fabrication Making up data or results and recording or reporting them.

  • Labelling A label shall be permanently affixed on each container with at least the following information: name of the manufacturer, serial number, date of manufacture, MFP, NWP, type of fuel (e.g. "

  • Product Specifications (a) Supplier shall manufacture all Products according to the Specifications in effect as of the date of this Agreement, with such changes or additions to the Specifications of the Products related thereto as shall be requested by Buyer in accordance with this Section or as otherwise agreed in writing by the Parties. All other Products shall be manufactured with such Specifications as the Parties shall agree in writing. (b) Buyer may request changed or additional Specifications for any Product by delivering written notice thereof to Supplier not less than one hundred twenty (120) days in advance of the first Firm Order for such Product to be supplied with such changed or additional Specifications. Notwithstanding the foregoing, if additional advance time would reasonably be required in order to implement the manufacturing processes for production of a Product with any changed or additional Specifications, and to commence manufacture and delivery thereof, Supplier shall so notify Buyer, and Supplier shall not be required to commence delivery of such Product until the passage of such additional time. (c) Supplier shall be required to accommodate any change of, or additions to, the Specifications for any Product, if and only if (i) in Supplier’s good faith judgment, such changed or additional Specifications would not require Supplier to violate good manufacturing practice, (ii) the representation and warranty of Buyer deemed made pursuant to Subsection (e) below is true and correct, and (iii) Buyer agrees to reimburse Supplier for the incremental costs and expenses incurred by Supplier in accommodating the changed or additional Specifications, including the costs of acquiring any new machinery and tooling. For the avoidance of doubt, such costs and expenses shall be payable by Buyer separately from the cost of Products at such time or times as Supplier shall request. (d) Supplier shall notify Buyer in writing within thirty (30) days of its receipt of any request for changed or additional Specifications (i) whether Supplier will honor such changed or additional Specifications, (ii) if Supplier declines to honor such changed or additional Specifications, the basis therefor and (iii) if applicable, the estimated costs and expenses that Buyer will be required to reimburse Supplier in respect of the requested changes or additions, as provided in Subsection (c) above. Buyer shall notify Supplier in writing within fifteen (15) days after receiving notice of any required reimbursement whether Buyer agrees to assume such reimbursement obligation. (e) By its request for any changed or additional Specifications for any Product, Buyer shall be deemed to represent and warrant to Supplier that the manufacture and sale of the Product incorporating Buyer’s changed or additional Specifications, as a result of such incorporation, will not and could not reasonably be expected to (i) violate or conflict with any contract, agreement, arrangement or understanding to which Buyer and/or any of its Affiliates is a party, including this Agreement and any other contract, agreement, arrangement or understanding with Supplier and/or its Affiliates, (ii) infringe on any trademark, service ▇▇▇▇, copyright, patent, trade secret or other intellectual property rights of any Person, or (iii) violate any Applicable Law. Buyer shall indemnify and hold Supplier and its Affiliates harmless (including with respect to reasonable attorneys’ fees and disbursements) from any breach of this representation and warranty.

  • RE-WEIGHING PRODUCT Deliveries are subject to re- weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

  • Quantity If Seller delivers more than the quantity of Goods ordered, Buyer may reject all or any excess Goods. Any such rejected Goods shall be returned to Seller at Seller's risk and expense. If Buyer does not reject the Goods and instead accepts the delivery of Goods at the increased or reduced quantity, the Price for the Goods shall be adjusted on a pro-rata basis.