Appointment of Project Manager as Agent Sample Clauses

Appointment of Project Manager as Agent. (a) The Owner confirms the appointment of the Project Manager as of and from the Effective Date as its agent to act in its name, in accordance with the terms of this Agreement, and for the purpose of management of the construction of the Project, to: (i) participate in the award of contracts for the Owner’s account to the General Contractors on terms mutually agreed by the Owner and the Project Manager covering the furnishing of materials and/or labour by the General Contractors for the various parts of the Project as contemplated in Schedule “A”; (ii) process Change Orders in accordance with Section 6.1; and (iii) perform any other services required to be carried out by the Project Manager in the Construction Contracts which have been approved by the Owner and the Project Manager. (b) All day-to-day decisions to be made in connection with the Construction Contracts shall be made by the Project Manager, except as provided in paragraph (c), below. (c) Any material decisions to be made in connection with the City’s Portion of the Construction Components and the Designated Park Improvements shall be made by the Owner at its Discretion, including in respect of the following matters, provided that if any such decision affects the Retail Component’s Portion of the Parking Structure (including the cost of the Retail Component’s Portion of the Parking Structure), the Project Manager must also agree to the decision, in its Discretion, failing which agreement, the matter shall be submitted to the dispute resolution procedure relating to construction matters set out in Construction Procedures Agreement: (i) the making of any City Change Orders or of any Change Orders with respect to the Designated Park Improvements, which shall be at the Owner’s cost; (ii) the amendment of the Construction Contracts, the Final Plans and Specifications for the Stadium Improvements, the Plans and Specifications for the Designated Park Improvements or other matters within the City’s Portion of the Construction Components; (iii) the waiver, termination, surrender or alteration in any material respect of the Project Manager’s rights or obligations under the Construction Contracts; (iv) any decision which materially affects the Owner’s interest in the City’s Portion of the Construction Components or the Designated Park Improvements; (v) any other matter deemed material by the Owner, at its Discretion, in respect of the Owner’s requirements for or costs of the City’s Portion of the Construc...
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Related to Appointment of Project Manager as Agent

  • Appointment of Process Agent The Issuer appoints Xxxx Xxxxx & Sons Limited at its registered office at Swire House, 00 Xxxxxxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent for service of process, and undertakes that, in the event of Xxxx Xxxxx & Sons Limited ceasing so to act or ceasing to be registered in England, it will appoint another person as its agent for service of process in England in respect of any Proceedings. Nothing herein shall affect the right to serve proceedings in any other manner permitted by law.

  • Appointment as Agent 1.1 The Trust hereby appoints DSC Shareholder Services Agent for the Series to provide as agent for the Trust services as Transfer Agent, Dividend Disbursing Agent and Shareholder Servicing Agent and DSC hereby accepts such appointment and agrees to provide the Trust, as its agent, the services described herein. 1.2 The Trust shall pay DSC and DSC shall accept, for the services provided hereunder, the compensation provided for in Section VIII hereof. The Trust also shall reimburse DSC for expenses incurred or advanced by it for the Trust in connection with its services hereunder.

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents. (B) Each other Finance Party authorises each Agent to exercise the rights, powers, authorities and discretions specifically given to that Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

  • Appointment of Agents The Custodian may at any time or times in its discretion appoint (and may at any time remove) any other bank or trust company which is itself qualified under the Investment Company Act of 1940, as amended, to act as a custodian, as its agent to carry out such of the provisions of this Article 2 as the Custodian may from time to time direct; provided, however, that the appointment of any agent shall not relieve the Custodian of its responsibilities or liabilities hereunder.

  • Appointment of the Adviser The Trust is engaged in the business of investing and reinvesting its assets in securities of the type and in accordance with the limitations specified in its Declaration of Trust, as amended and supplemented from time to time, By-Laws (if any) and Registration Statement filed with the Securities and Exchange Commission (the "Commission") under the 1940 Act and the Securities Act of 1933 (the "Securities Act"), including any representations made in the prospectus and statement of additional information relating to the Funds contained therein and as may be amended or supplemented from time to time, all in such manner and to such extent as may from time to time be authorized by the Trust's Board of Trustees (the "Board"). The Board is authorized to issue any unissued shares in any number of additional classes or series. The investment authority granted to the Adviser shall include the authority to exercise whatever powers the Trust may possess with respect to any of its assets held by the Funds, including, but not limited to, the power to exercise rights, options, warrants, conversion privileges, redemption privileges, and to tender securities pursuant to a tender offer, and participate in class actions and other legal proceedings on behalf of the Funds. The Trust hereby employs Adviser, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets in the Funds and, without limiting the generality of the foregoing, to provide the other services specified in Section 2 hereof.

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents. (b) Each other Finance Party authorises the Agent to exercise the rights, powers, authorities and discretions specifically given to the Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

  • Appointment of Representatives 11.01 The Employer acknowledges the right of the Union to appoint employees as Union Representatives. The Union will provide the Employer with the names of all Union Representatives within a reasonable period. 11.02 The Union shall determine the jurisdiction of each Union Representative, having regard to the plan of organization, the distribution of employees at the workplace and the administrative structure implied by the grievance procedure covered by this Agreement.

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • Appointment of Managers With effect from the day and year stated in Box 4 and continuing unless and until terminated as provided herein, the Owners hereby appoint the Managers and the Managers hereby agree to act as the Managers of the Vessel.

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