Relocation; Modification Sample Clauses

Relocation; Modification. Prior to commencing construction, Licensee shall have the Land surveyed or blue staked to determine the exact location of any underground utilities or other facilities. Licensee shall at its sole cost and expense relocate any underground utilities or other facilities as necessary to facilitate construction of the Encroachments, including without limitation any and all elements requiring relocation as noted on the approved plans or discovered during the plan review process. Licensee also shall at its sole cost and expense modify, build, rebuild, reconstruct or relocate any sidewalks, streetlights and public roads damaged or requiring relocation or modification to accommodate construction of the Encroachments to current City of Tempe standards. The foregoing work shall be included in the plans submitted for City review and approval pursuant to Section 1.A. Licensee acknowledges that the Land must continue to serve the primary functions of providing parking facilities for Tempe Diablo Stadium after construction of the Encroachments, and that Licensee shall be responsible for taking all steps required by City regarding the Encroachments to ensure that such continued functionality. After construction of the Encroachments, Licensee shall pay all costs of any relocation of the Encroachments necessitated by the use of or need to access any existing facilities or utilities on the Land, or the construction of improvements by or on behalf of Licensor or other third parties entitled to prior use the Land.
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Relocation; Modification. 2.3.1. Prior to commencing construction, Licensee shall have the Land surveyed or blue staked to determine the exact location of any underground utilities or other facilities. Licensee shall at its sole cost and expense relocate any underground utilities or other facilities as necessary to facilitate construction of the Utilities, including without limitation any and all elements requiring relocation as noted on the approved plans or discovered during the plan review process. Licensee also shall at its sole cost and expense modify, build, rebuild, reconstruct or relocate any sidewalks, streetlights and public roads damaged or requiring relocation or modification to accommodate construction of the Utilities to current City of Tempe standards. The foregoing work shall be included in the plans submitted for City review and approval pursuant to Section 2.1. Licensee acknowledges that the Land must continue to serve the primary functions of providing public access as a travelway after construction of the Utilities, and that Licensee shall be responsible for taking all steps reasonably required by City to ensure such continued functionality after construction of the Utilities.
Relocation; Modification 

Related to Relocation; Modification

  • Termination; Modification Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. Green Dot may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that Green Dot shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

  • INTEGRATION/MODIFICATION This Agreement constitutes the entire understanding and agreement between the Company and the Executive regarding its subject matter and supersedes all prior negotiations and agreements, whether oral or written, between them with respect to its subject matter. This Agreement may not be modified except by a written agreement signed by the Executive and a duly authorized officer of the Company.

  • Budget Modifications The total Approved Budget and the assignment of costs may be adjusted based on implementation of the Scope of Work, spending patterns, and unexpended funds, but only by an amendment to the Approved Budget. In no event shall an amendment to the Approved Budget result in payments in excess of the aggregate amount specified in Section 2.01 “Award of Monies” or in approved supplemental funding for the Project, if any. The RECIPIENT may make transfers between or among lines within budget categories without prior written approval provided that:

  • Agreement Modification 15.1 Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto.

  • Contract Modification The conditions of this timber sale are completely set forth in this contract. Except as provided in B8.32 and B8.33, this contract can be modified only by written agreement between the parties. Only Contracting Officer may make contract modifications, with compensating adjustments to Current Contract Rates where appropriate, on behalf of Forest Service.

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Agreement Modifications Neither this Agreement nor the Protocol may be altered, amended or modified except by written document signed by the parties. 20.

  • Amendment; Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. Claims Review Process. All PURCHASER claims shall be referred to the STATE's Authorized Representative for review. All claims shall be made in writing to the STATE's Authorized Representative not more than ten days from the date of the occurrence of the event which gives rise to the claim or not more than ten days from the date that the PURCHASER knew or should have known of the problem. Unless the claim is made in accordance with these time requirements, it shall be waived. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

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