Appointment of the Engineer Sample Clauses

Appointment of the Engineer. 6.5.1 Not later than two hundred and seventy (270) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been competitively recruited by the Seller, with the approval of the Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Terms of Reference for the Engineer shall be jointly developed by the Seller and Purchaser prior recruitment process. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. 6.5.2 The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller. 6.5.3 The Seller and the Purchaser duly recognize that the circumstances existing at the time of tender are not likely to remain the same till the start of construction. Therefore, an independent engineer is required to, authorize variations, deliver opinions or certifications, carry out estimations or valuations and, order payments. Prior to the Effective Date of the EPC Contract, the Purchaser shall employ the consultants/independent engineer of experience and international repute. The Purchaser shall notify the Seller on the employment of the Independent Engineer in not later than thirty (30) Days after the Effective Date of Contract. The selection and appointment of an Independent Engineer in accordance with this Section shall be binding on the Parties. The cost of engaging the Independent Engineer during the term of appointment shall be borne by the Purchaser. 6.5.4 The terms of reference of the Engineer shall include but not limited to monitor and evaluate the re-openers pertaining to any cost variations due to geological conditions limited to the tunnel area, cost escalations in the civil works associated with construction, and ...
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Appointment of the Engineer. (a) Not later than two hundred and seventy (270) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the Seller, with the approval of the Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.
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Appointment of the Engineer. (a) No later than fifteen (15) days following the execution date of this Agreement the Seller shall nominate to the Purchaser its slate of candidates to be the Engineer. Purchaser, following consultations with USAID, shall promptly give any comments on the Seller’s slate of candidates, which Purchaser shall duly consider. Seller shall then appoint the person or firm to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement, and in carrying out the other duties described under this Agreement. The costs and remuneration to which the Engineer is entitled under its terms and conditions of appointment shall be borne by the Seller.
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Appointment of the Engineer. The parties shall select an Engineer in relation to each of the Processing Plant and the Underground Mine. If the parties are unable to agree upon the appointment of the Engineer, or if the Engineer resigns (and the parties have not agreed on the appointment of a replacement Engineer within 30 days of the resignation), then the appointment of the Engineer shall be submitted to arbitration in accordance with the provisions of Schedule 8.1 (Dispute Resolution Procedures) without first referring the matter to the Joint Committee or Mediation Procedure referred to therein. The Proponent and the Government shall each pay 50% of the fees and expenses of the Engineer.
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Appointment of the Engineer. The Client hereby appoints the Engineer and the Engineer accepts the appointment on the terms and conditions set forth hereinafter.
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Appointment of the Engineer. In-Charge 13.1.1 The RSCL shall nominate and appoint the Engineer-In-Charge who shall carry out the duties of “Engineer” as are necessary in performance of protection of interest of RSCL as also may enable parties to achieve the work as intended in terms of the contract. The engineer shall have no 13.1.2 The appointment of the Engineer-In-Charge shall be made no later than 15 (fifteen) days from the date of this Agreement. The RSCL shall notify the appointment or replacement of the Engineer-In-Charge to the Contractor. 13.1.3 The staff of the Engineer-In-Charge shall include suitably qualified engineers and other professionals who are appointed to assist the Engineer-In-Charge to carry out its duties. 13.1.4 In addition to nominating Engineer-In-Charge, RSCL shall be free to engage any agency or individual in capacity of Project Management Consultant/Third Party Inspection agency who shall assist EIC in fulfilling the role and duty of an Engineer as required under the contract.
Sample 1
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Appointment of the Engineer. In-Charge 13.1.1 The RSCL shall nominate and appoint the Engineer-In-Charge who shall carry out the duties of “Engineer” as are necessary in performance of protection of interest of RSCL as also may enable parties to achieve the work as intended in terms of the contract. The engineer shall have no authority to amend or alter the contract either on time or cost basis. 13.1.2 The appointment of the Engineer-In-Charge shall be made no later than 15 (fifteen) days from the date of this Agreement. The RSCL shall notify the appointment or replacement of the Engineer-In-Charge to the Contractor. 13.1.3 The staff of the Engineer-In-Charge shall include suitably qualified engineers and other professionals who are appointed to assist the Engineer-In-Charge to carry out its duties. 13.1.4 In addition to nominating Engineer-In-Charge, RSCL shall be free to engage any agency or individual in capacity of Project Management Consultant/Third Party Inspection agency who shall assist EIC in fulfilling the role and duty of an Engineer as required under the contract.
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Related to Appointment of the Engineer

  • Appointment of the Manager 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 Manager 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 appoints the Manager, 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. The Trust hereby appoints the Manger to provide the Fundlevel duties and services as set forth in Section 2(b) hereof, for the compensation and on the terms herein provided, and the Manager hereby accepts such appointment. Each new investment portfolio established in the future by the Trust shall automatically become a "Fund" for all purposes hereunder as if it were listed on Schedule A, absent written notification to the contrary by either the Trust or the Manager.

  • Appointment of the Escrow Agent The Escrow Agent is hereby designated and appointed to act as escrow agent in accordance with the terms and conditions of this Agreement, and the Escrow Agent hereby accepts such designation and appointment.

  • Appointment of Stewards A. The Union will certify to the Employer in writing a xxxxxxx or stewards and alternates in accordance with the following general guidelines. Where more than one xxxxxxx is appointed, one shall be designated chief xxxxxxx. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one xxxxxxx may be certified to repre- sent employees in a particular work location(s). The number of stewards certified shall not exceed, but may be less than, the number provided by the formula hereinafter set forth. Employees in the same craft per tour or station Up to 49 1 xxxxxxx 50 to 99 2 stewards 100 to 199 3 stewards 200 to 499 5 stewards 500 or more 5 stewards plus additional xxxxxxx for each 100 employees B. At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a xxxxxxx to investigate, present and adjust a specific grievance or to investigate a specific problem to deter- mine whether to file a grievance. The activities of such Union representative shall be in lieu of a xxxxxxx designated under the formula in Section 2.A and shall be in accordance with Section 3. Payment, when applicable, shall be in accordance with Section 4. C. To provide xxxxxxx service to installations with twenty or less craft employees where the Union has not certified a xxxxxxx, a Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a xxxxxxx. D. At the option of the Union, representatives not on the Employer’s payroll shall be entitled to perform the functions of a xxxxxxx or chief xxxxxxx, provided such representatives are certified in writing to the Employer at the area level and providing such rep-

  • 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 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 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 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 the Sub-Adviser The Adviser hereby appoints the Sub-Adviser to act as an investment adviser for each Portfolio, subject to the supervision and oversight of the Adviser and the Trustees of the Trust, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Trust or the Adviser in any way or otherwise be deemed an agent of the Trust or the Adviser except as expressly authorized in this Agreement or another writing by the Trust, the Adviser and the Sub-Adviser.

  • 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 Transfer Agent The Company hereby appoints the Transfer Agent, as transfer agent for its shares and as shareholder servicing agent for the Company, and the Transfer Agent accepts such appointment and agrees to perform the duties set forth below.

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