UNLESS OTHERWISE AGREED IN WRITING Sample Clauses

UNLESS OTHERWISE AGREED IN WRITING. THE CM’S CONSTRUCTION CONTINGENCY MAY BE USED BY THE CM TO EXPEDITE THE WORK, ADDRESS SCHEDULING AND COORDINATION PROBLEMS, RESPOND TO A DEFAULT BY A NON-BONDED CONTRACTOR, AND REPAIR DAMAGED WORK IN PLACE WHERE THE RESPONSIBLE CONTRACTOR CANNOT BE IDENTIFIED BY THE CM AFTER REASONABLE EFFORTS TO IDENTIFY THE RESPONSIBLE PARTY (“CATEGORY A”). THE CM’S CONSTRUCTION CONTINGENCY MAY ALSO BE USED BY THE CM TO CORRECT DESIGN ISSUES THAT REASONABLY SHOULD HAVE BEEN DISCOVERED BY THE CM DURING THE PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO PARAGRAPHS 3.3.1.5 AND 3.3.1.6, CORRECT SCOPE GAPS IN THE BIDDING OF THE PROJECT, CORRECT CODE, REGULATORY AND OTHER ITEMS IDENTIFIED BY THE OWNER IN WRITING PRIOR TO BIDDING THE PROJECT, CORRECT ITEMS IDENTIFIED IN CHANGE ORDERS OR REQUEST FOR INFORMATION ARISING ON PREVIOUS USES OF THE SAME PROTOTYPE DESIGN, AND ANY ISSUES THAT ARE THE FAULT OF THE CM (“CATEGORY B”). THE CM’S USE OF THE CM’S CONSTRUCTION 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. IN THE EVENT OF A DEFAULT BY A CONTRACTOR, THE CM SHALL NOT USE THE CM’S CONTINGENCY TO COVER ANY COSTS COVERED BY A PERFORMANCE OR PAYMENT BOND PROVIDED BY THE CONTRACTOR AND SHALL VIGOROUSLY PURSUE REIMBURSEMENT OF ALL EXPENSES FROM THE CONTRACTOR’S SURETY. THE CM ALSO SHALL NOT USE THE CM’S CONTINGENCY IN ANY WAY TO COVER ANY COSTS INCURRED AS THE RESULT OF A DEFAULT BY A CONTRACTOR IF THE CM IS UTILIZING A SUBGUARD- TYPE PROGRAM. THE CM ACKNOWLEDGES THAT THE USE OF THE CM’S CONTINGENCY FOR CATEGORY B ITEMS SHALL BE SUBJECT TO THE OWNER’S RIGHT TO REDUCE THE FUNDS AVAILABLE TO BE PAID AS AN INCENTIVE PURSUANT TO SECTION 7.6.
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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.
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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.

  • 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.

  • Organization Documents After giving effect to the transactions contemplated hereby, the Administrative Agent shall have received: (i) a copy of the Organization Documents, including all amendments thereto, of each Loan Party, certified as of a recent date by the Secretary of State or other applicable Governmental Authority of its respective jurisdiction of organization to the extent applicable; (ii) a certificate as to the good standing (or comparable status) of each Loan Party from such Secretary of State or other applicable Governmental Authority of its respective jurisdiction of organization, as of a recent date; provided that to the extent a certificate of good standing (or comparable status) is not applicable in the jurisdiction of any Loan Party that is a Foreign Subsidiary, such Loan Party shall provide an Officer’s Certificate in form and substance reasonably satisfactory to the Administrative Agent; (iii) a certificate of the Secretary or Assistant Secretary or other applicable Responsible Officer of each Loan Party dated the Closing Date and certifying (A) that, in the case of the U.S. Borrower and any Domestic Guarantor, the Organization Documents of such Loan Party have not been amended since the date of the last amendment thereto shown on the certificate of good standing or comparable status from its jurisdiction of organization furnished pursuant to clause (ii) above and remains in full force and effect; (B) that attached thereto is a true and complete copy of the Organization Documents as in effect on the Closing Date and at all times since the date of the resolutions described in clause (C) below or certifying that such Organization Documents have not been amended since such date, (C) that attached thereto is a true and complete copy of resolutions duly adopted by the Board of Directors (or equivalent governing body) of such Loan Party authorizing the execution, delivery and performance of the Loan Documents to which it is to be a party and, in the case of the U.S. Borrower, the borrowings hereunder, and that such resolutions have not been modified, rescinded or amended and are in full force and effect and are the only resolutions authorizing the execution, delivery and performance of the Loan Documents; and (D) as to the incumbency and specimen signature of each Responsible Officer executing any Loan Document; and (iv) a certificate of another officer as to the incumbency and specimen signature of the Secretary or Assistant Secretary or other applicable Responsible Officer executing the certificate pursuant to clause (iii) above.

  • 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 Agreement shall be taxable only in that Contracting State except that if such income is derived from sources in the other Contracting State, it may also be taxed in that other State.

  • Incorporation Of Other Documents All portions of the Tariff and the Operating Agreement pertinent to the subject matter of this ISA and not otherwise made a part hereof are hereby incorporated herein and made a part hereof.

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

  • Certificates; Other Information Deliver to the Administrative Agent and each Lender, in form and detail satisfactory to the Administrative Agent and the Required Lenders:

  • References to Subadviser During the term of this Agreement, AEFC agrees to furnish to Subadviser at its principal office all prospectuses, proxy statements, reports to shareholders, sales literature, or other material prepared for distribution to sales personnel, shareholders of the Fund or the public, which refer to Subadviser or its clients in any way, prior to use thereof and not to use such material if Subadviser reasonably objects in writing five business days (or such other time as may be mutually agreed upon) after receipt thereof. Sales literature may be furnished to Subadviser hereunder by first-class or overnight mail, electronic or facsimile transmission, or hand delivery.

  • 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:

  • References to the Credit Agreement Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby.

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