UNLESS OTHERWISE AGREED IN WRITING Sample Clauses

UNLESS OTHERWISE AGREED IN WRITING. THE OWNER’S CONTINGENCY FUND SHALL BE USED TO CORRECT ANY DESIGN ISSUES THAT COULD NOT REASONABLY HAVE BEEN DISCOVERED BY THE CM DURING THE PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO PARAGRAPHS 3.3.1.5 AND 3.3.1.6, AND ANY CHANGES REQUESTED BY THE OWNER. THE USE OF THE OWNER’S CONTINGENCY FUND SHALL BE DOCUMENTED IN WRITING BY THE CM AND APPROVED BY THE OWNER IN WRITING PRIOR TO THE CM BILLING FOR THE WORK. 7.1.1.7.3 GENERAL CONDITIONS SHALL BE PAID IN AN AMOUNT THAT SHALL NOT EXCEED THE AMOUNT IDENTIFIED IN SECTION 7.8 THE OWNER AND CM AGREE THAT THE ITEMS TO BE INCLUDED AS GENERAL CONDITIONS ARE INDICATED IN APPENDIX C. THE GENERAL CONDITIONS FOR ALL ITEMS EXCEPT BONDS AND INSURANCE SHALL BE THE LUMP SUM AMOUNT IDENTIFIED IN SECTION 7.8. THE BONDS AND INSURANCE REQUIRED PER ARTICLE 8 WILL BE THE FIXED PERCENTAGE IDENTIFIED IN SECTION 7.8. THE LUMP SUM GENERAL CONDITIONS ARE BASED ON A PROJECT DURATION OF _ WEEKS FROM NOTICE TO PROCEED TO SUBSTANTIAL COMPLETION AND WEEKS FROM SUBSTANTIAL TO FINAL COMPLETION, WITH THE NOTICE TO PROCEED WITH CONSTRUCTION BEING ISSUED ON OR ABOUT (month/year) . IF THE ACTUAL SCHEDULED PROJECT DURATION FOR SUBSTANTIAL COMPLETION IS LONGER THAN WEEKS, THE LUMP SUM GENERAL CONDITIONS AMOUNT WILL BE DIVIDED BY AND ADJUSTED UP USING THE WEEKLY AMOUNT TO THE NEAREST NUMBER OF ACTUAL SCHEDULED WEEKS FOR SUBSTANTIAL COMPLETION. NOTHWITHSTANDING THE ABOVE, IF THE DIFFERENCE BETWEEN THE ACTUAL SCHEDULED SUBSTANTIAL COMPLETION DURATION OF WEEKS IS GREATER THAN 8 WEEKS IN EITHER DIRECTION THEN THE GENERAL CONDITIONS WILL BE NEGOTIATED AS EITHER REIMBURSABLE WITH A NOT TO EXCEED AMOUNT OR A NEW LUMP SUM AMOUNT. UNDER NO CIRCUMSTANCES WILL THE FEE AND BOND/INSURANCE PERCENTAGES BE CHANGED FROM THE RATE SPECIFIED IN SECTION 7.8. IF SUBGUARD OR OTHER SIMILAR PROGRAM FOR BONDING SUBCONTRACTORS IS USED, THE RATE WILL BE 1.2% OF THE ACTUAL COST OF WORK FOR THE SUBCONTRACTORS AND WILL BE ADDED TO THE AMOUNTS ABOVE.
UNLESS OTHERWISE AGREED IN WRITING the Construction Manager shall carry on the work and maintain its progress during the resolution of any claim or controversy and the Owner shall continue to make payments that are due and owing to the Construction Manager, and not in dispute, in accordance with this Contract. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Construction Manager and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Construction Manager, a separate contractor as described in Article 6 of AIA Document A201 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner or Construction Manager or a separate contractor as described in Article 6 of AIA Document A201 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute agreement to arbitration of a dispute not described in such consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof.

Related to UNLESS OTHERWISE AGREED IN WRITING

  • References to Documents References to this Agreement include the Schedules and Exhibits, which form an integral part hereof. A reference to any Section, Schedule or Exhibit is, unless otherwise specified, to such Section of, or Schedule or Exhibit to, this Agreement. The words “hereof,” “hereunder” and “hereto,” and words of like import, refer to this Agreement as a whole and not to any particular Section hereof or Schedule or Exhibit hereto. A reference to any document (including this Agreement) is to that document as amended, consolidated, supplemented, novated or replaced from time to time.

  • AGREEMENT IN WRITING If there is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context.

  • Modification in Writing No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Credit Agreement and unless in writing and signed by the Collateral Agent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

  • References to Custodian The Trust shall not circulate any printed matter which contains any reference to Custodian without the prior written approval of Custodian, excepting printed matter contained in the prospectus or statement of additional information for the Fund and such other printed matter as merely identifies Custodian as custodian for the Fund. The Trust shall submit printed matter requiring approval to Custodian in draft form, allowing sufficient time for review by Custodian and its counsel prior to any deadline for printing.

  • Amendment in Writing This Agreement may be amended as provided in the Plan; provided, however, that all such amendments shall be in writing.

  • INCOME NOT EXPRESSLY MENTIONED Items of income of a resident of a Contracting State which are not expressly mentioned in the foregoing Articles of this Convention shall be taxable only in that State.

  • References to Sections" and "subsections" shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided.

  • References to Agreements Unless otherwise stated, any reference in this Agreement to any agreement or document (including any reference to this Agreement) shall be construed as a reference to: