SERVICE ESTIMATES Sample Clauses

SERVICE ESTIMATES. 3.1 At the Client's request, ACUTEC may provide in the Service Schedule an estimate of charges for any Consultancy Services. Unless explicitly stated, such estimate shall not be binding on ACUTEC or convert the Contract to a fixed price contract in respect of such Consultancy Services. 3.2 If ACUTEC determines (at its sole discretion), that any estimate will be materially exceeded, it shall, within a reasonable period of time, notify the Client. In such event, the Client may elect to terminate the Consultancy Services upon 14 days notice. 3.3 Where the Service Schedule provides that the Consultancy Services shall be performed for a fixed price, this Agreement and/or the Services Schedule may not be terminated by the Client before completion of the Consultancy Services except pursuant to Clause 6.2 of this Agreement. 3.4 Should the Client terminate this Agreement in breach of Clause 3.3, then the Client shall be liable to pay ACUTEC by way of liquidated damages a sum equal to 50% of the anticipated cumulative ▇▇▇▇▇▇▇▇ which but for such termination would have been payable by the Client up until the earliest time when the Client was contractually entitled to terminate the Agreement. The Client acknowledges that this sum is a genuine pre-estimate of the loss that ACUTEC would suffer; 3.5 The Client shall pay or reimburse to ACUTEC (on production of vouchers and/or other evidence) all reasonable and proper expenses incurred in connection with the provision of the Consultancy Services including but not limited to travel and accommodation expenses. Car mileage allowances will be payable by the Client to ACUTEC in accordance with AA guidelines; 3.6 Each Service Schedule shall designate a Project Manager for the Client and a Project Manager for ACUTEC who shall each be responsible for directing the specific activities of their respective employees and shall have sufficient authority to represent the Client and ACUTEC respectively on all technical, administrative and supervisory matters arising in connection with the performance of the respective Consultancy Services. Either party may replace its Project Manager upon reasonable notice to the other party, provided such replacement has the appropriate skills, knowledge and expertise to perform the role.
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SERVICE ESTIMATES. Prior to October 1 of each year the Partnership shall provide PQ with its best estimate (based on consultations with PQ) of Partnership needs and Service requirements for the next succeeding calendar year, with the exception of the first year; PQ shall provide the Partnership with its best estimate for the first year. PQ shall develop an operating budget for the Plant based upon production requirements and the provision of necessary Services. The Partnership shall provide PQ thirty (30) days before the beginning of each calendar quarter its estimate of the production requirements for that quarter. The Partnership shall have no responsibility hereunder to present more particular production estimates; however, it shall cooperate and provide information reasonably requested by PQ in order to provide Services for the production of Products. Any third-party penalties or like charges incurred by PQ as a consequence of PQ cancelling Reimbursable Services that had been reserved or obtained by it in anticipation of meeting the Partnership’s estimated Product requirements under this Section 2.3, and which had not been utilized as a consequence of the Partnership’s actual Product requirements being lower than the estimates thereof, shall constitute an Allowable Cost hereunder, provided such Reimbursable Services had been reserved or obtained by PQ on the terms and at the time called for in the exercise of good business judgment. PQ shall use its best efforts to avoid such costs or utilize such Reimbursable Services to meet other PQ requirements.
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SERVICE ESTIMATES. 3.1 At the Customer's request, Essential may provide in the Service Schedule an estimate of charges for any Services. Unless explicitly stated, such estimate shall not be binding on Essential or convert the Contract to a fixed price contract in respect of such Services. 3.2 If Essential determines (at its sole discretion), that any estimate will be materially exceeded, it shall, within a reasonable period, notify the Customer. In such event, the Customer may elect to terminate the Services upon 14 days’ notice. 3.3 Where the Service Schedule provides that the Services shall be performed for a fixed price, this Agreement and/or the Services Schedule may not be terminated by the Customer before completion of the Services except pursuant to Clause 6.2 of this Agreement. 3.4 Should the Customer terminate this Agreement in breach of Clause 3.3, then the Customer shall be liable to pay Essential a sum equal to 50% of the anticipated cumulative ▇▇▇▇▇▇▇▇ which but for such termination would have been payable by the Customer up until the earliest time when the Customer was contractually entitled to terminate the Agreement. The Customer acknowledges that this sum is a genuine pre-estimate of the loss that Essential would suffer; 3.5 The Customer shall pay or reimburse to Essential (on production of vouchers and/or other evidence) all reasonable and proper expenses incurred in connection with the provision of the Services including but not limited to travel and accommodation expenses. Car mileage allowances will be payable by the Customer to Essential in accordance with AA guidelines; 3.6 Each Service Schedule shall designate a Project Manager for the Customer and a Project Manager for Essential who shall each be responsible for directing the specific activities of their respective employees and shall have sufficient authority to represent the Customer and Essential respectively on all technical, administrative and supervisory matters arising in connection with the performance of the respective Services. Either party may replace its Project Manager upon reasonable notice to the other party, provided such replacement has the appropriate skills, knowledge and expertise to perform the role.
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Related to SERVICE ESTIMATES

  • Pre-Estimate The parties agree that if Market Quotation applies an amount recoverable under this Section 6(e) is a reasonable pre-estimate of loss and not a penalty. Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in this Agreement neither party will be entitled to recover any additional damages as a consequence of such losses.

  • Cost Estimates If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

  • Estimates and Reconciliation of Estimates Where estimated expenditures are used to determine the amount of the drawdown, the State will indicate in the terms of the State unique funding technique how the estimated amount is determined and when and how the State will reconcile the difference between the estimate and the State's actual expenditures.

  • USE OF ESTIMATES The Sponsor is authorized to make all Net Asset Value determinations (including, without limitation, for purposes of determining redemption payments and calculating Sponsor’s Fees) on the basis of estimated numbers. The Sponsor shall not (unless the Sponsor otherwise determines) attempt to make any retroactive adjustments in order to reflect the differences between such estimated and the final numbers, but rather shall reflect such differences in the Accounting Period in which final numbers become available. The Sponsor also shall not (unless the Sponsor otherwise determines) revise Sponsor’s Fee calculations to reflect differences between estimated and final numbers (including differences which have resulted in economic benefit to a Sponsor Party). If, after payment of redemption proceeds, the Sponsor determines that adjustment to the Net Asset Value of the redeemed Units is necessary, the redeeming Investor (if the Net Asset Value is adjusted upwards) or the remaining Investors (if the Net Asset Value is adjusted downwards) will bear the risk of such adjustment. The redeeming Investor will neither receive further distributions from, nor will it be required to reimburse, this FuturesAccess Fund in such circumstances.

  • Cost Estimate The cost estimate shall set out the estimated costs for the proposed Change Order in such a way that a fair evaluation can be made. It shall include a breakdown for labor, materials, equipment and markups for overhead and profit, unless TxDOT agrees otherwise. If the work is to be performed by Subcontractors and if the work is sufficiently defined to obtain Subcontractor quotes, DB Contractor shall obtain quotes (with breakdowns showing cost of labor, materials, equipment and markups for overhead and profit) on the Subcontractor’s stationery and shall include such quotes as back-up for DB Contractor’s estimate. No markup shall be allowed in excess of the amounts allowed under Section 10.6. DB Contractor shall identify all conditions with respect to prices or other aspects of the cost estimate, such as pricing contingent on firm orders being made by a certain date or the occurrence or non-occurrence of an event.