ASSUMPTIONS AND CONDITIONS Sample Clauses

ASSUMPTIONS AND CONDITIONS. The scope of work services presented herein and associated fee amounts are based upon the Engineer's understanding of the proposed development. Changes in the project that affect the underlying contract assumptions may impact the required professional service fee. Accordingly, the Engineer wishes to inform the Client and/or Owner that this proposal is based on the following documents, assumptions and conditions:

ASSUMPTIONS AND CONDITIONS. The description of work and associated fees outlined in this Agreement take into consideration the following assumptions and conditions: 1) Any required environmental documents, mitigations or identification of same are specifically excluded. 2) Design services are excluded. 3) Geotechnical investigation is excluded 4) Setting of property corners, or filing of a Record of Survey or Corner Record is excluded. 5) All fees listed are valid for 90 days from the date on page 1.

ASSUMPTIONS AND CONDITIONS. To the extent applicable, Customer is responsible for the development of the test strategy and user test scenarios for the Deliverables. Workday will provide standard test scenarios to be used as a foundation; however, Customer will create detailed test scenarios and cases based on its user requirements and system configuration. • Customer is responsible for completing hands-on testing activities and validations. • Customer is responsible for providing a deployment tenant unless a deployment tenant is included per the Workday Deployment Tenant Policy and Pricing, currently set forth in Workday Community. • Security configuration compliance is the responsibility of the Customer and should be thoroughly tested including persona-based visibility and confirming user access. • Customer is accountable for any impact configuration changes related to security modifications may produce. • Workday and Customer will actively participate in their respective required Project activities. • Customer will make knowledgeable resources available for all virtual and in-person sessions and meetings in a timely manner. • Customer is responsible for the timely coordination of internal resources and external vendors necessary to timely perform all required activities in this SOW and any mutually agreed Project Plan. • Workday will perform all Professional Services for the Project during common business hours in the location where they are performed, excluding holidays as observed by the parties. • Workday will perform all Professional Services remotely unless expressly set forth in this SOW. Customer will pay T&E, if applicable, in accordance with Workday’s travel and expense policy. • Customer will assign an experienced Project Manager to manage Customer’s obligations hereunder. • All stages, collateral and meetings will be written and executed in, and all communications under or in connection with the Project to which this SOW applies, will be, in the English language. Any translation into any other language will be at the discretion and cost of Customer.

ASSUMPTIONS AND CONDITIONS. 1. Unrestricted site access for personnel, equipment and materials to enable completion of the work. 2. Work can be performed in OSHA Level D protection and in accordance with the SWANA Landfill Gas Divisions Health and Safety Task Force, “A Compilation of Landfill Gas Laboratory and Field Practices and Procedures,” dated March, 1992. 3. The collection and disposal of landfill materials, landfill gas, condensate, leachate, and other landfill by-products are the responsibility of City and shall be coordinated on a case by case basis. The Contractor will not be responsible for permits and ultimate disposal of any condensate, leachate or solid materials generated in the operation and maintenance of the wellfield. However, the solids generated from maintenance activities must be inspected and classified before disposal actions are taken by the Contractor. The aqueous wastes shall be handled as per the mutually agreed upon method of disposal and any accidental or unpermitted discharges shall be brought to the attention of the City. 4. The responsibility for hazardous waste, flare gas, petroleum products, leachate, condensate, or any other regulated substance, either federal or state, will not pass to Contractor. 5. All applicable permits (i.e., air, solid waste, etc.) will be provided by others or by Contractor where required by City under a separate agreement. 6. All collection and monitoring devices are to be clearly labeled in the field and depicted accurately on a scaled site map. 7. City will provide or reimburse Contractor for all System supplies and consumables, such as blower grease, chart paper, memory cards, Kannaflex hose, sampling ports, bolts, wellheads, and pipe at the actual purchase cost plus 20 percent. Contractor will provide hand tools, , labor, and mobilization as part of its fees. 8. City allows Contractor to use the pipe welding machine and the LandTEC GEM2000 monitoring equipment belonging to City without charge provided that Contractor will be responsible for all calibration and maintenance of said equipment. Serial Number: GEM 2000 GM 05742, GEM 2000 07090. The Contractor will make the unit available to the City for its or its designee’s use on a quarterly basis. 9. The City allows the Contractor to use the Toro Groundmaster 72”, City number Equipment number 7200. The Contractor may use the mower for limited mowing purposes around the gas extraction xxxxx. All equipment will be returned to the City shop between uses. The equipment shall...

ASSUMPTIONS AND CONDITIONS. The Phase A scope of work provides for the goal of verifying that physical, permitting, and land use needs exist to advance the project to the design phase. Phase B scoped services assume the design of an outfall system from Bridle Trail Pond to Turtle Lake Swamp as described in the project limits.

ASSUMPTIONS AND CONDITIONS. 1. All application fees are the responsibility of the City. 2. Surveying services are not included. Should it be determined during the project design and/or permitting process that additional surveying is required to complete the project, a separate task order proposal will be submitted to the City for review and approval. 3. Establishment of peak flows for the design storm event will be based on calculations provided by the City’s consultant, ECT, Inc. Due to the limitation of the surveying services scope, stormwater calculations and modeling is not included. Should agency reviews require additional surveying and/or additional stormwater analysis, the City’s consultant (ECT) is to address all agency stormwater related comments. 4. Utility relocation design and/or permitting is not included. 5. Extensive ditch stabilization design is not included. It is expected that the upstream and downstream piping needed will include end treatments consisting of headwalls/endwalls, or concrete mitered ends, and no additional slope stabilization will be necessary. 6. Box culvert design is not included. In the event ditch flows are such that traditional RCP piping is not adequate for conveyance, box culvert(s) will be depicted, however geotechnical analysis and structural design associated with box culverts is not included. A supplemental services agreement will be required should this situation arise. 7. Consumptive Use permitting is not included and is the responsibility of the contractor. 8. Pre-construction groundwater background testing and dewatering testing during construction is not included and is the contractor’s responsibility. 9. Construction Administration and Certification services are intended to be the minimum required to meet permit conditions and provide periodic witness to construction activities. The services are not construction management services. XXXXXX-XXXXX ENGINEERING GROUP, INC. shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined on the “percentage of completion method” whereby XXXXXX-XXXXX ENGINEERING GROUP, INC. will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished during the invoicing period. It is hereby acknowledged that this TASK ORDER is an addendum to the master Continuing Contract for Professional Services dated December 1, 2017 and as such, this TASK ORDER is subject ...

ASSUMPTIONS AND CONDITIONS. The purpose of the project is to design a solution to reduce the risk of xxxxxx erosion within the described project limits.

ASSUMPTIONS AND CONDITIONS. Our estimated fees are based on the following set of assumptions and conditions. Deviations from these may result in additional fees: A) The terms and conditions set forth herein are valid for 30 days from the date of this proposal and are conditioned upon our completion of all services by May 31, 2016. B) The Owner shall provide any existing data pertinent to the proposed project including the following: 1. Property owner mailing list and tax key listing (electronic copy preferred). 2. Existing subdivision plats, CSM’s, and plats of survey, if available. 3. As-built road, storm sewer, sanitary sewer, and water main plans, if available. 4. Verification of information provided by others is not a part of the Scope of Services; therefore, any problems arising out of the use of such information shall not be the responsibility of X.X. Xxxxx National, Inc. C) Coordination with the CITY, WisDOT, and the MC will be primarily by phone and email. Meeting participation will be consistent with the tasks listed and regular status meetings are not anticipated. D) Up to two potential locations will be reviewed for each of the 8 proposed bike share facility sites. The CONSULTANT will review each potential location for each site with the CITY to determine the final 8 site locations to be moved forward to preliminary design. The following will be avoided when determining the potential locations for each site: (1) Historic sites, (2) Burial site or archaeological resources (3) Potentially contaminated sites (4) Parkland (5) Wetlands or land adjacent to waterways E) Proper boundary surveys are not required, although existing rights-of-way will be located for each site base on surveyed property corners, subdivision plats, and CSMs. GIS files, digital aerial photographs, subdivision plats, and CSMs to be provided by the CITY. F) Owner shall pay for any and all review and permit fees. Payment of fees to various agencies for plan reviews and other reasons may be necessary throughout the course of this project. Timely remittance of those fees to us is very important, since agencies will not accept review packages without the required fees. The project could be delayed significantly if submittals are not received when needed. G) A Phase 1 Hazardous Materials investigation is not required or part of this contract. H) Wetland or flood plain involvement is not anticipated. I) The CONSULTANT will submit form DT1804 Certificate of Coordination of Railroad Work with Highway Construction ...

ASSUMPTIONS AND CONDITIONS. Project limits include all areas in the description above although not all parts of the project study area will receive or require improvements. Areas receiving improvements will be recommended in the H&H Analysis & Recommendations Report. The primary purpose of the project is to address flooding issues within the described areas.

ASSUMPTIONS AND CONDITIONS. It is assumed as of the Closing Date that: 18.1 Both parties will be in full compliance with all applicable laws and regulations. 18.2 The party licensing technology to the Company will either own such technology directly or, if the parties agree, have the rights to such technology under a license that permits sublicensing. No such technology will be subject to license rights granted to third parties by the person licensing the technology to the Company, or, to the knowledge of the licensing party, to any other claims of third parties, in relation to the Company Field in a manner inconsistent with the grants herein. 18.3 There will have been no material adverse change after the date hereof in the business or business prospects of either party or such party's technology or the ownership thereof. 18.4 Any due diligence conducted by a party or its advisors in connection with the joint venture will not have caused them to become aware of any material facts adversely affecting the technology, related liabilities or the financial condition of the other which, in such party's good faith judgment makes it inadvisable to proceed with the joint venture.