Common use of Minister Clause in Contracts

Minister. The Minister’s representatives shall be the interpreter of the requirements of the Contract, consistent with the intent of the Contract. The Minister’s representatives may request the Consultant to make changes in the scope, and the Consultant shall advise the Minister of the effects of such changes on the Contract, including scope of services, Project schedule, compensation and other implications to the Project. The Minister’s representatives may suspend or terminate the Contract at any stage and terminate this Contract at the Minister’s sole and absolute discretion by giving written notice to the Consultant. During a period of suspension, the Consultant shall minimize all fees and expenses relating to the services on the Project that may occur during this period. The Minister shall pay the Consultant for those fees and expenses in accordance with the Contract that are substantiated as having been reasonably incurred during the suspension period. The effective date of termination of the Contract shall not be less than 7 (seven) days after receipt of such notice. Upon receipt of notice to terminate, the Consultant shall take steps to bring the Project to a close and not perform any further work after the termination date. The Minister shall pay the Consultant for the services provided and expenses incurred in accordance with this Contract up to the effective date, and for any substantiated close-out costs reasonably incurred after the date of termination. The Minister agrees to hold harmless the Consultant and the Consultant's employees and agents from any and all third party claims, demands, or actions for which the Minister is legally responsible, including those arising out of negligence or willful acts by the Minister or the Minister's employees or agents. The Minister agrees to hold harmless the Consultant against any claims by third parties for bodily injury or property damage to the extent that a Court of competent jurisdiction has determined that such injury or damage was caused or contributed to by deficient Project Requirements. This hold harmless shall survive this Contract. Project Requirements are defined as guidelines or specifications approved in writing by the Minister including but not limited, to “Engineering Consultant Guidelines for Highway, Bridge and Water Projects, Volume 1 - Design and Tender”, and “Engineering Consultant Guidelines for Highway, Bridge and Water Projects, Volume 2 - Construction Contract Administration”.

Minister. The Minister’s representatives shall be the interpreter of the requirements of the Contract, consistent with the intent of the Contract. The Minister’s representatives may request the Consultant to make changes in the scope, and the Consultant shall advise the Minister of the effects of such changes on the Contract, including scope of services, Project schedule, compensation and other implications to the Project. The Minister’s representatives may suspend or terminate the Contract Project at any stage and terminate this Contract at the Minister’s sole and absolute discretion by giving written notice to the Consultant. During a period of suspension, the Consultant shall minimize all fees and expenses relating to the services on the Project that may occur during this period. The Minister shall pay the Consultant for those fees and expenses in accordance with the Contract that are substantiated as having been reasonably incurred during the suspension period. The effective date of termination of the Contract shall not be less than 7 (seven) days after receipt of such notice. Upon receipt of notice to terminate, the Consultant shall take steps to bring the Project to a close and not perform any further work after the termination date. The Minister shall pay the Consultant for the services provided and expenses incurred in accordance with this Contract up to the effective date, and for any substantiated close-out costs reasonably incurred after the date of termination. Clause 5 - HOLD HARMLESS CLAUSE FOR ENGINEERING RELATED CONTRACTS (WITH MEMBER OF CEA) The Minister agrees to hold harmless the Consultant and the Consultant's employees and agents from any and all third party claims, demands, or actions for which the Minister is legally responsible, including those arising out of negligence or willful acts by the Minister or the Minister's employees or agents. The Minister agrees to hold harmless the Consultant against any claims by third parties for bodily injury or property damage to the extent that a Court of competent jurisdiction has determined that such injury or damage was caused or contributed to by deficient Project Requirements. This hold harmless shall survive this Contract. Project Requirements are defined as guidelines or specifications approved in writing by the Minister including but not limited, to “Engineering Consultant Guidelines for Highway, Bridge and Water Projects, Volume 1 - Design and Tender”, and “Engineering Consultant Guidelines for Highway, Bridge and Water Projects, Volume 2 - Construction Contract Administration”. Clause 6 - HOLD HARMLESS CLAUSE FOR NON - ENGINEERING RELATED CONTRACTS (OR WITH THOSE WHOM ARE NOT MEMBERS OF CEA) The Minister shall indemnify and hold harmless the Consultant, its employees and agents from any and all third party claims, demands, actions or costs (including legal costs on a solicitor-client basis) for which the Minister is legally responsible, including those arising out of negligence or willful acts by the Minister or the Minister’s employees or agents. This hold harmless provision shall survive this Contract.

Minister. The Minister’s representatives shall be the interpreter of the requirements of the Contract, consistent with the intent of the Contract. The Minister’s representatives may request the Consultant to make changes in the scope, and the Consultant shall advise the Minister of the effects of such changes on the Contract, including scope of services, Project schedule, compensation and other implications to the Project. The Minister’s representatives may suspend or terminate the Contract Project at any stage and terminate this Contract at the Minister’s sole and absolute discretion by giving written notice to the Consultant. During a period of suspension, the Consultant shall minimize all fees and expenses relating to the services on the Project that may occur during this period. The Minister shall pay the Consultant for those fees and expenses in accordance with the Contract that are substantiated as having been reasonably incurred during the suspension period. The effective date of termination of the Contract shall not be less than 7 (seven) days after receipt of such notice. Upon receipt of notice to terminate, the Consultant shall take steps to bring the Project to a close and not perform any further work after the termination date. The Minister shall pay the Consultant for the services provided and expenses incurred in accordance with this Contract up to the effective date, and for any substantiated close-out costs reasonably incurred after the date of termination. Clause 5 - HOLD HARMLESS CLAUSE FOR ENGINEERING RELATED CONTRACTS (WITH MEMBER OF CEA) The Minister agrees to hold harmless the Consultant and the Consultant's employees and agents from any and all third party claims, demands, or actions for which the Minister is legally responsible, including those arising out of negligence or willful acts by the Minister or the Minister's employees or agents. The Minister agrees to hold harmless the Consultant against any claims by third parties for bodily injury or property damage to the extent that a Court of competent jurisdiction has determined that such injury or damage was caused or contributed to by deficient Project Requirements. This hold harmless shall survive this Contract. Project Requirements are defined as guidelines or specifications approved in writing by the Minister including but not limited, to “the Engineering Consultant Guidelines for Highway, Highway and Bridge and Water Projects, Volume 1 - Design and Tender”, and “Engineering Consultant Guidelines for Highway, Bridge and Water Projects, Volume 2 - Construction Contract Administration”. Clause 6 - HOLD HARMLESS CLAUSE FOR NON - ENGINEERING RELATED CONTRACTS (OR WITH THOSE WHOM ARE NOT MEMBERS OF CEA) The Minister shall indemnify and hold harmless the Consultant, its employees and agents from any and all third party claims, demands, actions or costs (including legal costs on a solicitor- client basis) for which the Minister is legally responsible, including those arising out of negligence or willful acts by the Minister or the Minister’s employees or agents. This hold harmless provision shall survive this Contract.