Practicability of Performance Sample Clauses

Practicability of Performance. The Design and Construction Requirements, the technology and the construction management practices to be employed in the Design-Build Work are furnished exclusively by the Design-Builder and its Subcontractors pursuant to the terms of this Design-Build Agreement, and the Design-Builder assumes and shall have exclusive responsibility for their efficacy, notwithstanding the involvement of the Owner in the development of the Design and Construction Requirements, Acceptance Test Procedures or design and construction reviews. The Design-Builder assumes the risk of the practicability and possibility of performance of the Design-Build Improvements on the scale, within the time for completion, and in the manner required hereunder, even though such performance may involve technological or market breakthroughs or overcoming facts, events or circumstances (other than Uncontrollable Circumstances) which may be different from those assumed by the Design- Builder in entering into this Design-Build Agreement, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Design-Build Price. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance.
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Practicability of Performance. The designs to be employed in Phase I of the Landfill are furnished by the County and the County assumes responsibility for their efficacy. The designs and technology to be employed in the construction of the Design/Build Improvements of Phases II through V are being furnished exclusively by the Company pursuant to the terms of this Agreement, and the Company assumes and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of design drawings, specifications, design principles or other terms and conditions in the RFP or the negotiation of the terms of the Minimum Technical Requirements, testing procedures and standards, and Performance Guarantees between the Company and the County. For Phases II through V, the Company assumes the risk of the practicability and possibility of performance of the Design/Build Improvements on the scale, within the time for completion and in the manner required hereunder, and of disposal of solid waste through the operation of the Managed Assets as so improved in a manner which meets all of the requirements hereof, even though such performance and operation may involve technological or market breakthroughs or overcoming facts, events or circumstances which may be different from those assumed by the Company in entering into this Agreement, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Service Fee. . No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance; and
Sample 1
Practicability of Performance. The ICI Design and Construction Requirem ents, the technology and the construction and management practices to be employed in the construction of the Initial Capital Improvem ents and the Collection System Improvements and operation of the Managed Assets and the Collection System as so improved are furnished exclusively by the Com pany pursuant to the terms of this Service Contract, and the Company assumes and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of des ign principles or other terms and conditions in the RFP or the negotiation of the terms of the ICI Design and Construction Requirements, ICI Acceptance Test Procedures and Standards, Performan ce Guaran tees and the Collection System Improvements requirements between the Company and the Borough. The Com pany assum es the risk of the practicability and possibility of performance of the Initial Capital Improvements and the Collection System Improvements on the scale, within the time for completion and in the manner required hereunder, and of treating System Influent (other than Excessive Influent) through the operation of the Managed Assets as so improved in a m anner w hich meets all of the requirements hereof, even though such performance and operation m ay involve technological or market breakthroughs or overcoming facts, events or circumstances (other than U ncontrollable Circumstances) which may be different from those assumed by the Company in entering into this Service Contract, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed ICI Design/Build Price, the Service Fee and the Collection System Fee. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance.
Sample 1
Practicability of Performance. Subject to, and in accordance with, the express terms of this Agreement, the Contractor assumes the risk of the practicability and possibility of performance of its Contract Obligations in compliance with the requirements of this Agreement and agrees that sufficient consideration for the assumption of such risk is included in the Contract Compensation.
Sample 1
Practicability of Performance. The Company assumes and shall have exclusive responsibility for the construction and operation of the Treatment Facility and the construction of the Related Components. The Company (1) assumes the risk of the practicability and possibility of performance of the Treatment Facility and Related Components on the scale required hereunder, (2) assumes the risk of supplying Treated Water through the operation of the Treatment Facility which meets all of the requirements hereof even though such performance and supply may involve technological or market breakthroughs or overcoming facts, events or circumstances which may be different from those assumed by the Company in entering into this Agreement, and (3) agrees that sufficient consideration for the assumption of such risks and duties is included in the Construction Price and the Service Fee. The Company's warranties in this paragraph shall apply notwithstanding the occurrence of any Uncontrollable Circumstance other than those specifically enumerated in item (1) of the definition thereof.
Sample 1
Practicability of Performance. Subject to, and in accordance with, the terms of this Project Agreement, the Project Company assumes the risk of the practicability and possibility of performance of the Contract Obligations in compliance with the requirements of the Contract Standards on the scale, within the time for completion, and in the manner required hereunder, and agrees that sufficient consideration for the assumption of such risk is included in the Contract Compensation.
Sample 1
Practicability of Performance. Subject to, and in accordance with, the terms of this Design-Build Contract, the Design-Builder assumes the risk of the practicability and possibility of performance of the Contract Obligations in compliance with the requirements of the Contract Standards on the scale, within the time for completion, and in the manner required hereunder, and agrees that sufficient consideration for the assumption of such risk is included in the Contract Compensation.
Sample 1
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Practicability of Performance. The Design Requirements, the Supplemental Technical Information, the technology and the construction and management practices to be employed in the design, construction and operation of the Facilities are furnished exclusively by the DBE and its Subcontractors pursuant to the terms of this Contract, and the DBE assumes and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of design principles or other terms and conditions in the RFP or the clarification of the terms of the Design Requirements, the Supplemental Technical Information, Acceptance Test Procedures and Standards, and Performance Guarantees between the DBE and WRD. The DBE assumes the risk of the practicability and possibility of performance of the Facilities on the scale, within the time for completion and in the manner required hereunder, and of treating Feed Water and supplying Finished Water through the operation of the Facilities in a manner which meets all of the requirements hereof, even though such performance and operation may involve technological or market breakthroughs or overcoming facts, events or circumstances (other than Unforeseen Conditions) which may be different from those assumed by the DBE in entering into this Contract, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed Design Build Price and the Service Fee. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Unforeseen Condition.
Sample 1
Practicability of Performance. The Design-Build Contractor assumes and shall have exclusive responsibility for the Technical Specifications and the technology to be employed in the construction of the Project, and for their efficacy, notwithstanding the negotiation of the terms of the Technical Specifications and Acceptance Standards with the Sewer District. The Design-Build Contractor (1) assumes the risk of the practicability and possibility of performance of the Odor Control System and Improvements on the scale required hereunder and (2) agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed Design-Build Price. The Design-Build Contractor’s warranties in this paragraph shall apply notwithstanding the occurrence of any Uncontrollable Circumstance other than those specifically enumerated in item (1) of the definition thereto.
Sample 1

Related to Practicability of Performance

  • Impossibility of Performance The credit union will not be liable for failure to comply with the terms of a wire transfer agreement caused by legal constraint interruption or failure of transmission and/or communications facilities, war, emergency, labor dispute, act of nature, or other circumstances beyond the control of the credit union.

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

  • Evaluation of Performance School, in conjunction with Company personnel, is responsible for and shall make arrangements for evaluating Student’s performance during the clinical program.

  • Resumption of Performance During the period that a Force Majeure Event is subsisting, the Affected Party shall, in consultation with the other Parties, make all reasonable efforts to limit or mitigate the effects of such Force Majeure Event on the performance of its obligations under the PPA. The Affected Party shall also make efforts to resume performance of its obligations under this Agreement as soon as possible and upon resumption, shall notify other Parties of the same in writing. The other Parties shall afford all reasonable assistance to the Affected Party in this regard.

  • Availability of Performance Order If, and to the extent that, a breach of this contract has been caused by a Relevant Force Majeure Event, the Non-affected Party shall not be entitled to a Performance Order except to secure performance by the Affected Party of its obligations under this Clause 17.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • Assessment of Performance The assignment of a teacher to a TLS position will be subject to review by the school district’s administration at least annually. The first review must be completed no later than five (5) work days before the beginning of the transfer process. The review shall include peer feedback on the effectiveness of the teacher’s performance of duty specific to the teacher’s TLS position. A teacher who completes an assignment in a TLS position may apply for assignment to a new TLS position.

  • Warranty of Performance Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all Services and that each person and entity that will provide Services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such Services. Contractor represents and warrants that the Services shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services.

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