Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas.
Construction and Delegation If any term of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. We may authorize or allow our contractors and other third parties to provide the services necessary or related to making the Service available and to perform obligations and exercise our rights under this Agreement, and we may collect payment on their behalf, if applicable.
Submission of Audits and Financial Statements A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program-specific audit to the System Agency via:
ADDITIONS AND DELETIONS Theauthor of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. «Trailblazer Transit- Addition» «Buffalo, MN» The Architect: (Name, legal status and address) TBD The Owner’s Designated Representative: (Name, address and other information) « Xxxx Xxxxxx» «Trailblazer Transit Director » « » « » « » « » The Construction Manager’s Designated Representative: « Xxxxx Xxx 00000 000xx Xxx Green Isle, MN 55338 » « » (Name, address and other information) ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. « » « » « » « » The Architect’s Designated Representative: (Name, address and other information) « TBD » « » « » « » « » « » The Owner and Construction Manager agree as follows. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 OWNER’S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT
Audits and Financial Statements A. Audits
CESSION AND DELEGATION Neither Party shall be entitled to cede any of their rights or delegate any of its obligations in terms of this Agreement save with the prior approval of the other Party which approval in the case of a cession shall not be unreasonably withheld.
OPINIONS AND DETERMINATIONS Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
