Owner Fault definition

Owner Fault means any breach (including the untruth or breach of any Owner representation or warranty herein set forth), failure, non-performance or non-compliance by the Owner with respect to its obligations and responsibilities under this Design-Build Agreement to the extent not attributable to any Uncontrollable Circumstance or Design-Builder Fault, and which materially and adversely affects the Design-Builder’s rights, obligations or ability or costs to perform under this Design-Build Agreement.
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Owner Fault means any breach (including the breach of any Owner representation or warranty herein set forth), negligence, action, failure, non-performance or non- compliance by the Owner, the Owner’s Representative and/or the Owner’ Consultant or anyone for whom they are responsible at law, including other contractors employed by the Owner in connection with the Project, under this Agreement with respect to their respective obligations and responsibilities, in each case to the extent directly attributable to the Owner, the Owner’s Representative and/or the Owner’ Consultant or others for whom they are responsible at law, and which adversely affects the DBO Contractor’s rights, obligations, ability or costs to perform under this Agreement.
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Owner Fault means: (a) any breach, failure, nonperformance, or noncompliance by the Owner (including acts or omissions of Owner’s Subcontractors) with the terms and provisions of this Agreement for any reason except to the extent such breach, failure, nonperformance, or noncompliance is caused by the occurrence or continuing effect of a Force Majeure or Operator Fault; or (b) any negligence or willful misconduct of Owner or any agent, officer, commissioner, employee, contractor, Subcontractor at any tier, or independent contractor (including, without limitation, the Consulting Engineer) of Owner which, in the case of (a) or (b) of this definition: (1) prevents or, individually or collectively, materially interferes with or materially delays Owner's or the Operator's performance of its obligations; or (2) deprives Operator of any of its material rights; or (3) increases the Operator's costs of performing the Work or reduces its revenues, in any case, under this Agreement.
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Examples of Owner Fault in a sentence

  • Such withdrawal notice shall include the amount of the withdrawal and describe the Forced Outage, Force Majeure Event or Owner Fault, or procurement and installation of any Capital Spare Parts approved by Administrator and PREB pursuant to which such costs were incurred.


More Definitions of Owner Fault

Owner Fault means (i) any breach (including any breach of any representation or warranty set forth in any Transaction Document), (ii) any failure of compliance or nonperformance by Owner or Administrator with its respective obligations under any Transaction Document,
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Owner Fault means any breach (including the breach of any Owner representation or warranty herein set forth), negligence, failure, non-performance or non-compliance by the Owner, the Owner’s Representative and/or the Owner’ Consultant under this Agreement with respect to their respective obligations and responsibilities, in each case to the extent directly attributable to the Owner, the Owner’s Representative and/or the Owner’ Consultant, and which materially and adversely affects the DBO Contractor’s rights, obligations, ability or costs to perform under this Agreement.
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Related to Owner Fault

  • Owner/Operator means a requirement applies to the owner and/or operator of a TRU or TRU gen set, as determined by agreement or contract between the parties if the two are separate business entities.

  • Owner-builder means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property.

  • Owner or operator means any person who owns, leases, operates, controls, or supervises a stationary source.

  • CONSTRUCTION EQUIPMENT means all appliances and equipment of whatsoever nature for the use in or for the execution, completion operation or maintenance of the work unless intended to form part of permanent work.

  • Loose-fitting facepiece means a respiratory inlet covering that is designed to form a partial seal with the face.

  • Tight-fitting facepiece means a respiratory inlet covering that forms a complete seal with the face.

  • Residual Metered Load means all load remaining in an electric distribution company’s fully metered franchise area(s) or service territory(ies) after all nodally priced load of entities serving load in such area(s) or territory(ies) has been carved out.

  • construction site means a workplace where construction work is being performed;

  • Interconnection equipment means a group of components or an integrated system owned and operated by the interconnection customer that connects an electric generator with a local electric power system, as that term is defined in Section 3.1.6.2 of IEEE Standard 1547, or with the electric distribution system. Interconnection equipment is all interface equipment including switchgear, protective devices, inverters or other interface devices. Interconnection equipment may be installed as part of an integrated equipment package that includes a generator or other electric source.

  • Owner-occupied means property that is the principal

  • Combined sewer overflow means the discharge of untreated or

  • Owner/operator means the owner(s), operator(s), lessor(s), lessee(s) and/or supervisor(s) of an air contaminant source and/or a person authorized to represent such person(s).

  • Constructing Entity means either the Transmission Owner or the New Services Customer, depending on which entity has the construction responsibility pursuant to Tariff, Part VI and the applicable Construction Service Agreement; this term shall also be used to refer to an Interconnection Customer with respect to the construction of the Customer Interconnection Facilities. Construction Party:

  • Engine degreaser means a cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.

  • Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.

  • Surface owner means any person who holds record title to the surface of the land as an owner.

  • Transmission Owner Interconnection Facilities means all Interconnection Facilities that are not Customer Interconnection Facilities and that, after the transfer under Tariff, Attachment P, Appendix 2, section 5.5 to the Interconnected Transmission Owner of title to any Transmission Owner Interconnection Facilities that the Interconnection Customer constructed, are owned, controlled, operated and maintained by the Interconnected Transmission Owner on the Interconnected Transmission Owner’s side of the Point of Interconnection identified in appendices to the Interconnection Service Agreement and to the Interconnection Construction Service Agreement, including any modifications, additions or upgrades made to such facilities and equipment, that are necessary to physically and electrically interconnect the Customer Facility with the Transmission System or interconnected distribution facilities. Transmission Provider: The “Transmission Provider” shall be the Office of the Interconnection for all purposes, provided that the Transmission Owners will have the responsibility for the following specified activities:

  • Meter Operator means a party appointed for the purposes of the BSC, to:

  • Warranted Person means a person who is Warranted or who is employed by a person who is Warranted; and

  • Apparent owner means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder.

  • Leased Equipment means the equipment which may include but not limited to modem provided by TM on lease basis to enable usage of the Service by the Customer, as may be decided by TM from time to time at its sole discretion.

  • Contributory drainage area means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

  • Compression Ignition Engine means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine.

  • Interconnection Provider means PacifiCorp Transmission.

  • Warranted Part means any Seller proprietary component, equipment, accessory or part as installed on an Aircraft at Delivery of such Aircraft and

  • Owner Representative means that Person or Persons designated by Owner in a written notice to Contractor who shall have complete authority to act on behalf of Owner on all matters pertaining to the Work, including giving instructions and making changes in the Work. The Owner Representative as of the Contract Date is designated in Section 4.9.