STATUS OF ARCHITECT Sample Clauses

STATUS OF ARCHITECT. It is expressly acknowledged by the parties hereto that Architect, in performing Architect’s duties and obligations under this Agreement, is an “independent contractor” and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, or a lease or landlord/tenant relationship. Architect understands and agrees that: (1) Architect will not be treated as an employee for federal tax purposes; (2) the District will not withhold on behalf of Architect pursuant to this Agreement any sums for income tax, unemployment insurance, social security, Medicare tax, or any other withholding pursuant to any law or requirement of any governmental body relating to Architect or make available to Architect any of the benefits afforded to employees of the District; (3) all of such payments, withholdings, and benefits, if any, are the sole responsibility of Architect; and (4) Architect will indemnify and hold the District harmless from any and all loss or liability arising with respect to such payments, withholding, and benefits, if any. In the event the Internal Revenue Service or any other governmental agency should question or challenge the independent contractor status of Architect, the parties hereto mutually agree that both Architect and the District shall have the right to participate in any discussion or negotiation occurring with such agency or agencies, irrespective of with whom or by whom such discussion or negotiation is initiated.
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STATUS OF ARCHITECT. The relationship of Architect to Developer and Owner shall be that of an independent contractor. Any provisions of this Agreement which may appear to give Developer the right to direct or control Architect as to details of performing the Services, or to exercise any measure of control over the Services, shall be deemed to mean that Architect shall follow the desires of Developer in the results of the Services only and not in the means by which the Services are to be accomplished, and Architect shall have the complete right, obligation and authoritative control over the Services as to the manner, means or details as to how to perform the Services. Nothing herein shall be interpreted to create a master-servant or principal-agent relationship between Architect, or any of its Subconsultants and Developer or Owner. Nevertheless, Architect shall strictly comply with all provisions, terms and conditions of this Agreement, and the fact that Architect is an independent contractor does not relieve it from its responsibility to fully, completely and timely perform the Services in strict compliance with this Agreement.
Sample 1
STATUS OF ARCHITECT. A. Whenever a right to approve or make a determination or other right is reserved hereunder to Owner or Owner’s representative, it is understood that Owner may delegate the exercise of such right to Architect, Owner’s representative, or any other entity in writing, and Contractor shall be wholly protected in relying upon any action taken by such representative in the exercise of such right, unless Contractor is earlier notified in writing by the Owner to the contrary. Architect shall have authority to review and approve shop drawings for the Work and, upon prior approval of Owner, Architect also shall have authority to stop the Work whenever such stoppage may be necessary in Architect’s reasonable opinion to ensure proper performance of this Agreement.
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STATUS OF ARCHITECT. 29 12. Confidentiality..................................... 30 13.
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STATUS OF ARCHITECT. Whenever a right to approve or make a ------------------- determination or other right is reserved hereunder to Owner, it is understood that Owner may delegate the exercise of such right to Architect or any other entity in writing, and Contractor shall be wholly protected in relying upon any action taken by such representative in the exercise of such right, unless Contractor is earlier notified in writing by the Owner to the contrary. Architect shall have authority to review and approve shop drawings for the Work and, upon prior approval of Owner, Architect also shall have authority to stop the Work whenever such stoppage may be necessary in Architect's reasonable opinion to ensure proper performance of this Agreement. Reexamination of questioned work may be ordered by the Architect or Owner and, if so ordered, the Work must be uncovered by Contractor. If such Work is found not to be substantially in accordance with the requirements of the Contract Documents, Contractor shall pay the cost of uncovering the Work. If the Work is found to be in accordance with the Contract. Documents, Owner shall pay said cost. Contractor shall promptly correct all Work rejected by Architect because it fails to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. Contractor shall bear the costs of correcting such rejected Work, including additional testing and inspections and compensation for Architect's services and expenses made necessary thereby. It is understood that the performance of this Agreement by Contractor is dependent upon the cooperation and the prompt performance by the Owner and Architect of their respective duties. Owner shall cause Architect to promptly provide all necessary design details, working drawings, and changes in drawings or specifications as may be required from time to time. Should errors, omissions, or discrepancies appear to Contractor in or between the drawings and/or specifications, or in the work done by others affecting the Work, the Contractor shall notify the Architect and Owner at once, and the Architect, subject to Owner's approval, shall instruct the Contractor regarding the manner in which the Contractor is to proceed with respect to the Work so affected. If the Contractor proceeds with the work affected without instructions from the Architect, Contractor shall be responsible for, and shall make good, any resulting damage o...
Sample 1

Related to STATUS OF ARCHITECT

  • Selection of Architect/Construction Drawings Tenant shall retain the architect/space planner designated by Tenant and reasonably approved by Landlord (the “Architect”) to prepare the “Construction Drawings,” as that term is defined in this Section 3.2. Tenant shall retain the engineering consultants selected by Tenant (the “Engineers”) to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler work in the Premises, which work is not part of the Base Building. The plans and drawings to be prepared by Architect and the Engineers hereunder shall be known collectively as the “Construction Drawings.” All Construction Drawings shall comply with the drawing format and specifications reasonably determined by Landlord, and shall be subject to Landlord’s approval. Tenant and Architect shall verify, in the field, the dimensions and conditions as shown on the relevant portions of the base building plans, and Tenant and Architect shall be solely responsible for the same, and Landlord shall have no responsibility in connection therewith. Landlord’s review of the Construction Drawings as set forth in this Section 3, shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, Code compliance or other like matters. Accordingly, notwithstanding that any Construction Drawings are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers, and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Construction Drawings, and Tenant’s waiver and indemnity set forth in the Lease shall specifically apply to the Construction Drawings.

  • Architect Engineer shall provide assistance to Owner through the commissioning consultant/agent for the purpose of advising and counseling Owner’s personnel in the usage, operation and maintenance of the building mechanical, electrical, and plumbing systems.

  • Final Working Drawings After the Final Space Plan has been approved by Landlord, Tenant shall supply the Engineers with a complete listing of standard and non-standard equipment and specifications, including, without limitation, Title 24 calculations, electrical requirements and special electrical receptacle requirements for the Premises, to enable the Engineers and the Architect to complete the “Final Working Drawings” (as that term is defined below) in the manner as set forth below. Upon the approval of the Final Space Plan by Landlord and Tenant, Tenant shall promptly cause the Architect and the Engineers to complete the architectural and engineering drawings for the Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing working drawings in a form which is sufficiently complete to allow all of Tenant’s Agents to bid on the work and to obtain all applicable permits (collectively, the ‘‘Final Working Drawings”) and shall submit the same to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall supply Landlord with four (4) copies signed by Tenant of such Final Working Drawings, Landlord shall not unreasonably withhold, condition, or delay its approval of the Final Working Drawings. Landlord shall approve or reasonably EXHIBIT A disapprove of the Final Working Drawings within ten (10) business days after Landlord’s receipt thereof. If Landlord reasonably withholds its approval, Landlord shall provide Tenant with the specific reasons therefor.

  • Resolutions, etc The Administrative Agent shall have received from the Borrower:

  • Independent Legal and Tax Advice Optionee acknowledges that the Company has advised Optionee to obtain independent legal and tax advice regarding the grant and exercise of the Option and the disposition of any Shares acquired thereby.

  • Approved Working Drawings The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the commencement of construction of the Premises by Tenant. After approval by Landlord of the Final Working Drawings, Tenant may submit the same to the appropriate municipal authorities for all applicable building permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent may not be unreasonably withheld.

  • Engineering Forest Service completed survey and design for Specified Roads prior to timber sale advertisement, unless otherwise shown in A8 or Purchaser survey and design are specified in A7. On those roads for which Forest Service completes the design during the contract, the design quantities shall be used as the basis for revising estimated costs stated in the Schedule of Items and adjusting Timber Sale Account. Forest Service engineering shall be completed according to the schedule in A8. Should Forest Service be unable to perform the designated survey and design by the completion date or other agreed to time, upon written agreement, Purchaser shall assume responsibility for such work. In such event, Contracting Officer shall revise:

  • Construction Drawings After approving the Additional Programming Information, Landlord shall cause the Architect and the Engineers to prepare and deliver to Tenant Construction Drawings that conform to the approved Space Plan and the approved Additional Programming Information. Such preparation and delivery shall occur within 15 business days after the later of Landlord’s approval of the Additional Programming Information or the mutual execution and delivery of this Agreement. Tenant shall approve or disapprove the Construction Drawings by notice to Landlord. If Tenant disapproves the Construction Drawings, Tenant’s notice of disapproval shall specify any revisions Tenant desires in the Construction Drawings. After receiving such notice of disapproval, Landlord shall cause the Architect and/or the Engineers to revise the Construction Drawings, taking into account the reasons for Tenant’s disapproval (provided, however, that Landlord shall not be required to cause the Architect or the Engineers to make any revision to the Construction Drawings that is inconsistent with the Landlord Requirements or that Landlord otherwise reasonably disapproves), and resubmit the Construction Drawings to Tenant for its approval. Such revision and resubmission shall occur within five (5) business days after the later of Landlord’s receipt of Tenant’s notice of disapproval or the mutual execution and delivery of this Agreement if such revision is not material, and within such longer period of time as may be reasonably necessary (but not more than 15 business days after the later of such receipt or such mutual execution and delivery) if such revision is material. Such procedure shall be repeated as necessary until Tenant has approved the Construction Drawings. The Construction Drawings approved by Landlord and Tenant are referred to in this Work Letter as the “Approved Construction Drawings”.

  • EFFECT OF COMPLETION This agreement shall, as to any of its provisions remaining to be performed or capable of having or taking effect following Completion, remain in full force and effect notwithstanding Completion.

  • Approval and Completion If any dispute regarding the design of the Tenant Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (as defined in Section 5(d) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

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