AUTHORITY AND DUTY OF INSPECTOR Sample Clauses

AUTHORITY AND DUTY OF INSPECTOR. The Inspector shall be authorized to inspect all Work and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector shall be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed. The Inspector shall also report to the Engineer whenever it appears that the materials furnished or the Work performed by Contractor fail to fulfill the requirements of the Specifications and Contract, and shall bring any such failure or other infringement to Contractor’s attention. Such inspection, however, shall not relieve Contractor from any obligation to perform all of the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between Contractor and the Inspector as to materials furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the questions at issue can be referred to and decided by the Engineer. If Contractor uses rejected materials or fails to suspend the Work, all Work performed by Contractor under such suspension or rejection shall be considered unauthorized work and subject to rejection or replacement by Contractor at Contractor’s expense. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as xxxxxxx or perform other duties for Contractor, nor shall the Inspector interfere with the management of the Work by Contractor. Any advice that the Inspector may give to Contractor shall in no way be construed as binding upon the City in any way, nor shall any such advise release Contractor from fulfillment of the terms of the Contract.
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Related to AUTHORITY AND DUTY OF INSPECTOR

  • AUTHORITY AND PARTIES In accordance with the National Aeronautics and Space Act (51 U.S.C. § 20113(e)), this Agreement is entered into by the National Aeronautics and Space Administration Xxxxxxx Space Flight Center, located at 0000 Xxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxx 00000 (hereinafter referred to as "NASA" or "NASA GSFC") and Maryland Technology Development Corporation located at 0000 Xxxxxxxx Xxxxxxx Xxxxx , Xxxxx 000, Xxxxxxxx, XX 00000-0000 (hereinafter referred to as "Partner" or "TEDCO"). NASA and Partner may be individually referred to as a "Party" and collectively referred to as the "Parties."

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Representations, Warranties and Covenants of Recipient Recipient represents, warrants and covenants for the benefit of the Grantor as follows:

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