Examples of PA Party in a sentence
Failure by any PA Party or the Independent Certifier to enforce a provision of this Agreement will not be construed as a waiver by that PA Party or the Independent Certifier of any right in respect of that provision, or any other provisions of this Agreement.
Neither PA Party will be relieved from performing or observing its obligations, or from any other liabilities, under the Project Agreement as a result of either the appointment of, or any act or omission by, the Independent Certifier.
On no account will a PA Party be liable to another PA Party for any act or omission by the Independent Certifier whether under or purportedly under a provision of the Project Agreement, this Agreement or otherwise, provided that any such act or omission will not extinguish, relieve, limit or qualify the nature or extent of any right or remedy of either PA Party against or any obligation or liability of either PA Party to the other PA Party which would have existed regardless of such act or omission.
The PA Parties will each make available to the Independent Certifier, as soon as practicable from time to time, all information, documents and particulars necessary for the Independent Certifier to carry out the Functions, including such information, documents and particulars required in order for the Independent Certifier to determine whether the criteria for Service Commencement have been achieved, and will provide copies of all such information, documents and particulars to the other PA Party.
The PA Parties and the Independent Certifier agree that the Independent Certifier does not and will not have any rights, including any Intellectual Property, in any Project Material provided to the Independent Certifier or created or required to be created by any PA Party.
The Independent Engineer agrees that either PA Party or any of their respective authorized representatives or agents may, at the relevant PA Party’s expense, examine the Independent Engineer’s books and records that relate to the Role and this Agreement.
Failure by any PA Party or the Independent Engineer at any time to enforce any provision of this Agreement or to require performance by any other Party of any of the provisions of this Agreement shall not be construed as a waiver of any such provision and shall not affect the validity of this Agreement or any part thereof or the right of any PA Party or any Party to enforce any provision in accordance with its terms.
The expenses and other audit costs incurred by the relevant PA Party by reason of such examination of the books and records shall then be assumed by the Independent Engineer, up to an amount equal to the amount overpaid by the Private Partner.
The PA Parties will each make available to the Independent Certifier, as soon as practicable from time to time, all information, documents and particulars necessary for the Independent Certifier to carry out the Functions, including such information, documents and particulars required in order for the Independent Certifier to determine whether the criteria for Service Completion have been achieved, and will provide copies of all such information, documents and particulars to the other PA Party.
The Independent Engineer shall not be entitled to seek reimbursement from either PA Party of any costs, expenses, losses or damages or any nature and kind howsoever arising (including but not limited to loss of revenue, loss of profit, loss of contract, loss of goodwill and indirect loss of any nature) resulting from a suspension pursuant to Section 5.1.1 or a suspension following a failure to comply with Section 2.7.