The unilateral pre-contract Sample Clauses

The unilateral pre-contract. The unilateral pre-contract is distinguished from the option agreement by the fact that the promisor of the contract is obliged to conclude the anticipated contract under the conditions set forth by the unilateral pre-contract: First he or she agreed to the pre-contract, and later a new consent must be granted for the creation of the antici- pated contract. The option agreement operates and gives rise to the contract through the unilateral manifestation of the will of the beneficiary, the consent of the debtor having already been granted in advance through the option agreement. The unilateral pre-contract is useful when one of the parties is undecided on whether to conclude a contract but wants to preserve for itself the definitive consent of the other party for a certain period. Basically, the unilateral pre-contract is a sepa- rate agreement from the anticipated contract. At the same time, the option agreement presupposes a firm and final manifesta- tion of consent on the part of the promisor that remains contingent—in terms of the formation of the anticipated contract—on the exercise of the option created by the agreement on behalf of the beneficiary. In the case of a unilateral pre-contract, the promisor does not make a final consent available to the beneficiary, which could lead to the formation of the contract by simple acceptance by the beneficiary, as in the case of the option agreement.6 Let us suppose the beneficiary of the unilateral pre-contract exercises his or her option arising from the unilateral pre-contract. In that case, the anticipated contract is not born, as in the case of the option agreement. Instead, a new declaration of consent is needed from the contract’s promisor for the effective conclu- sion of the anticipated contract.
Sample 1
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Related to The unilateral pre-contract

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  • Construction Management Plan Contractor shall prepare and furnish to the Owner a thorough and complete plan for the management of the Project from issuance of the Proceed Order through the issuance of the Design Professional's Certificate of Material Completion. Such plan shall include, without limitation, an estimate of the manpower requirements for each trade and the anticipated availability of such manpower, a schedule prepared using the critical path method that will amplify and support the schedule required in Article 2.1.5 below, and the Submittal Schedule as required in Article 2.2.3. The Contractor shall include in his plan the names and resumés of the Project Superintendent, Project Manager and the person in charge of Safety.

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  • Construction Progress Schedule; Overall Project Schedule The Contractor shall submit for review by the Design Professional and approval by the Owner a Construction Progress Schedule based upon the Design Professional’s Preliminary Design and Construction Schedule and prepared using a CPM (Critical Path Method) process within sixty days after the Effective Date of the Contract, utilizing a full-featured software package in a form satisfactory to the Design Professional and Owner, showing the dates for commencement and completion of the Work required by the Contract Documents, including coordination of mechanical, plumbing, and electrical disciplines, as well as coordination of the various subdivisions of the Work within the Contract. Milestones must be clearly indicated and sequentially organized to identify the critical path of the Project. The Construction Schedule will be developed to represent the CSI specification divisions. It shall have the minimum number of activities required to adequately represent to the Owner the complete scope of Work and define the Project’s (and each Phase’s if phased) critical path and associated activities. The format of the Construction Progress Schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry-in, rough-in completion, metal stud and drywall completion, equipment installation, systems operational, inspections for Material Completion and Occupancy Date, and Final Completion Date. The Contractor shall submit, along with the Construction Progress Schedule, the Submittal Schedule for approval by the Design Professional, correlating the associated approval dates for the documents with the Construction Progress Schedule. Upon recommendation by the Design Professional and approval by the Owner, the Construction Progress Schedule shall become the Overall Project Schedule, which shall be utilized by the Design Professional, Owner and Contractor. The Contractor must provide the Design Professional and the Owner with monthly updates of the Overall Project Schedule indicating completed activities and any changes in sequencing or activity durations, including approved change orders. See also Article 3.3.5.

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