Acceptance or Rejection by Owner Sample Clauses

Acceptance or Rejection by Owner. Owner may accept or reject the Guaranteed Maximum Price Proposal or attempt to negotiate its amount and its terms and conditions with CM. When Owner accepts in writing the GMP Proposal, or a negotiated variant of it, both parties shall execute a Change Order that incorporates the GMP and the supporting documents into this Contract. If the Owner rejects the GMP Proposal or the parties are unable or unwilling to agree on a negotiated variant of it, the Owner may terminate this Contract. If this Contract is terminated for this reason, the Owner shall pay the CM for that portion of the Pre-Construction Phase Services fee as provided in Paragraph 19.2.2 and the Owner shall then have no further duties, responsibilities or financial obligations to the CM. After such a termination of this Contract, the Owner shall be free to abandon or pursue this Project in any manner as it sees fit without any obligation to the CM.
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Acceptance or Rejection by Owner. Owner may accept or reject the GMP Proposal or attempt to negotiate its amount and its terms and conditions with CM. When Owner accepts in writing the GMP Proposal, or a negotiated variant of it, both parties shall execute the final, agreed GMP Proposal that incorporates the GMP and the supporting documents into this Agreement. Such fully executed GMP Proposal shall constitute the GMP Amendment to this Agreement. If the Owner rejects the GMP Proposal or the parties are unable or unwilling to agree on a negotiated variant of it, the Owner may terminate this Agreement. If this Agreement is terminated for this reason, the Owner shall pay the CM for that portion of the Pre-Construction Phase Services fee as provided in Paragraph 19.2 and the Owner shall then have no further duties, responsibilities, or financial obligations to the CM. After such a termination of this Agreement, the Owner shall be free to abandon or pursue this Project in any manner as it sees fit without any obligation to the CM.
Sample 1
Acceptance or Rejection by Owner. Owner may accept or reject the GMP Proposal or attempt to negotiate its terms with Design/Build Contractor. Upon acceptance by the Owner of the GMP Proposal in writing, both parties shall execute the GMP Proposal and the terms of the GMP Proposal, including the GMP and the supporting documents, shall become part of the Contract between the Owner and the Design/Build Contractor. If the Owner rejects the GMP Proposal or the parties are unable or unwilling to agree on a GMP, the Owner may terminate this Agreement.
Sample 1

Related to Acceptance or Rejection by Owner

  • Acceptance or Rejection All Goods, Services, and Deliverables are subject to acceptance by the JBE. The JBE may reject any Goods, Services or Deliverables that (i) fail to meet applicable acceptance criteria, (ii) are not as warranted, or (iii) are performed or delivered late (without prior consent by the JBE). If the JBE rejects any Good, Service, or Deliverable (other than for late performance or delivery), Contractor shall modify such rejected Good, Service, or Deliverable at no expense to the JBE to correct the relevant deficiencies and shall redeliver such Good, Service, or Deliverable to the JBE within ten (10) business days after the JBE’s rejection, unless otherwise agreed in writing by the JBE. Thereafter, the parties shall repeat the process set forth in this section until the JBE accepts such corrected Good, Service, or Deliverable. The JBE may terminate that portion of this Agreement which relates to a rejected Good, Service, or Deliverable at no expense to the JBE if the JBE rejects that Good, Service, or Deliverable (i) for late performance or delivery, or (ii) on at least two (2) occasions for other deficiencies. ATTACHMENT 1 ACCEPTANCE AND SIGNOFF FORM Description of Services or Deliverables provided by Contractor: _____________________________________ Date submitted to the JBE:_____________ The Services or Deliverables are:

  • ACCEPTANCE AND REJECTION a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.

  • Acceptance of Improvements Notwithstanding the fact that the Bond Amount may be reduced upon partial completion of the Improvements, neither shall any partial reduction nor shall any full reduction of the Bond Amount constitute final acceptance (”Acceptance”) of the Improvements by the City. Acceptance of the Improvements must be by Resolution of the City Council, pursuant to Tooele City Code '7-19-32.

  • ACCEPTANCE/REJECTION/CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County’s opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

  • ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 The State may accept defective or nonconforming Work pursuant to Paragraph 13.2.1

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