Good Faith Determination definition

Good Faith Determination means a determination made by the Construction Manager, which he/she believes in good faith to be proper and for which there is a rational basis, even if equally or more rational arguments can be made in opposition to that determination. DBE shall comply with the terms of all Good Faith Determinations; but, unless the Contract Documents otherwise expressly provide, a Good Faith Determination shall not be interpreted as precluding the DBE from exercising its rights of recourse or recovery pursuant to the Claims Dispute Resolution Process
Sample 1
Good Faith Determination means a determination made by the Assistant CEO/EDA or other authorized representative of County, which he/she believes in good faith to be a proper exercise of County’s rights and to have a reasonable basis in fact, whether or not such determination is in fact proper, reasonable or correct or adjudged to be so.
Sample 1
Good Faith Determination means a determination made by the Assistant CEO/EDA, which he/she believes in good faith to be a proper exercise of County’s rights and to have a reasonable basis in fact, whether or not such determination is in fact proper, reasonable or correct or adjudged to be so.
Sample 1

Examples of Good Faith Determination in a sentence

  • The listing will indicate the apparent low bidder's status in attaining the goal, i.e., "Contractor Meets DBE Goal," or "Contractor Requires Good Faith Determination." B.

  • If the County and Contractor are unable to agree upon the duration of the shortening, then County shall make a Good Faith Determination of the reasonable amount of time that the Contract Time shall be shortened on account of such Deleted Work.

  • If County makes a Good Faith Determination based on County’s observations of progress in performance of the Work by Contractor that Contractor will not achieve Substantial Completion of the Work within the Contract Time as adjusted pursuant to Paragraph 8.2.1, above, then Contractor shall, following receipt of a written request by County to accelerate, immediately respond in writing setting forth a detailed plan for accelerating the Work.

  • If Contractor disputes County’s Good Faith Determination of a Claim by Contractor, or if County fails to respond within the prescribed time set forth in Paragraph 4.3.6, above, Contractor may so notify County, in writing, within fifteen (15) Days of Contractor’s receipt of County’s Good Faith Determination, or within fifteen (15) Days of County’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute.

  • Contractor shall, notwithstanding the existence of a Claim by Contractor that is disputed by County, maintain continuous performance, without interruption, suspension or slowing, of the Work and its other obligations (1) pending issuance by County of a Good Faith Determination of the Claim and (2) thereafter in compliance with the terms of such Good Faith Determination.

  • County may decline to approve an Application for Payment and withhold payment requested under any unpaid Application for Payment, in whole or in part, to such extent that County makes a Good Faith Determination that withholding is necessary, in the sole discretion of County, because of any of the following circumstances: .1 Third-Party Claims.

  • In the event of a disagreement between County and Contractor over the accuracy or reasonableness of the Contractor’s statement of percentage of progress achieved that is contained in the Application for Payment, the County shall make a Good Faith Determination of the percentage, which percentage shall then be inserted by Contractor in the Application for Payment and the Application for Payment submitted, or resubmitted, incorporating such revision.

  • The County's determination in a Unilateral Supplemental Work Order of a Contract Adjustment shall be based upon a Good Faith Determination by County of the Contract Adjustment that is appropriate under the circumstances and consistent with the terms of the Contract Documents.

  • If Contractor disputes any portion of the County’s Good Faith Determination of a Contract Adjustment that is set forth in a Unilateral Supplemental Work Order, Contractor shall file, within thirty (30) Days after issuance of the Unilateral Supplemental Work Order by County, a Claim pursuant to Section 4.3, above.

  • The PP shall ensure that dumping of waste, if any, is strictly as per designated locations approved by SPCBs/ PCCs.

Related to Good Faith Determination

  • Expert Determination the process described in Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure);

  • Good Faith Effort means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement.

  • Good Faith Deposit has the meaning given such term in Section 2.6(a) of this Agreement.

  • Initial determination means the first child custody determination concerning a particular child.

  • good faith means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations;

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

  • Self-Determination means a philosophy and process by which individuals with developmental disabilities are empowered to gain control over the selection of support services that meet their needs. The basic principles of self-determination are:

  • Good Faith Contest means the contest of an item if: (1) the item is diligently contested in good faith, and, if appropriate, by proceedings timely instituted; (2) adequate reserves are established with respect to the contested item; (3) during the period of such contest, the enforcement of any contested item is effectively stayed; and (4) the failure to pay or comply with the contested item during the period of the contest is not likely to result in a Material Adverse Change.

  • TIA Applicability Determination As defined in Section 12.12.

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Bad Faith means, with respect to any determination, action or omission, of any Person, board or committee, that such Person, board or committee reached such determination, or engaged in or failed to engage in such act or omission, with the belief that such determination, action or omission was adverse to the interest of the Partnership.

  • Good Faith Efforts means actions undertaken by a bidder or contractor to achieve a Contract Specific Goal that the CPO or his or her designee has determined, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program’s requirements.

  • Final Determination Date means the following:

  • Claim Determination Period means a calendar year. However, it does not include any part of a year during which a person has no coverage under This Plan, or any part of a year before the date this COB provision or a similar provision takes effect.

  • Child custody determination means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

  • Flood Elevation Determination means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

  • SOFR Determination Date has the meaning specified in the definition of “Daily Simple SOFR”.

  • Eligibility Determination means an approval or denial of eligibility and a renewal or termination of eligibility as set forth in OAR 410-200-0015;¶

  • Adverse Benefit Determination means any of the following:

  • Final Adverse Benefit Determination means an adverse benefit determination that is upheld at the completion of a health plan issuer’s internal appeals process.

  • Determination means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

  • Event Determination Date means either:

  • Independent Appraiser means a nationally recognized or major regional investment banking firm or firm of independent certified public accountants of recognized standing (which may be the firm that regularly examines the financial statements of the Issuer) that is regularly engaged in the business of appraising the Capital Stock or assets of corporations or other entities as going concerns, and which is not affiliated with either the Issuer or the Holder of any Warrant.

  • Adverse determination shall have the meaning set forth in Section 19.7.

  • Adequacy Decision means a decision issued by the European Commission that a country or region or a category of recipients in such country or region is deemed to provide an “adequate” level of data protection.

  • Valuation Firm has the meaning set forth in Section 1.6(c).