Authority of Engineer Sample Clauses

Authority of Engineer. During prosecution of the work, the Engineer will answer all questions that may arise as to the quantity, quality, and acceptability of materials furnished and work performed; rate of progress of the work; interpretation of the plans and Specifications; acceptable fulfillment of the Contract by the Contractor; disputes and mutual rights between contractors; and compensation. The Engineer has the authority to suspend the work wholly or in part if the Contractor has created conditions that are unsafe or fails to correct conditions that are unsafe for workers or the general public or fails to carry out the provisions of the Contract. The Engineer may also suspend work for such periods as he may deem necessary because of catastrophic or extraordinary weather in accordance with the definition of such in Section 108.04, conditions considered unsuitable for prosecution of the work, or any other condition or reason deemed to be in the public interest. The Engineer may issue written clarifications or directives that either enhance or alter Contract Documents. The Engineer may order such work as may be necessary to complete the Contract satisfactorily.
Sample 1Sample 2Sample 3See All (28)
AutoNDA by SimpleDocs
Authority of Engineer. 3.1 The County authorizes the County Engineer, and the City authorizes the City Engineer to administer and carry out the provisions of this contract on its behalf and to take such necessary actions to complete the Project as contemplated by this Agreement. Such authority will not include approval of agreements or obligations upon the county that would otherwise require County or City approval, except where specifically enumerated within this Agreement.
Sample 1Sample 2
Authority of Engineer. The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract.
Sample 1Sample 2
Authority of Engineer. All Work shall be subject to the review of the Engineer. He shall decide all questions as to interpretation of the plans, specifications, and questions of mutual rights between Contractors. He shall decide on an acceptable rate of progress, on the manner of performance, and on the acceptable fulfillment of the Contract Documents. The Engineer shall have the right to determine the points at which the Contractor may begin work and the order in which the Work shall be prosecuted to the best interest of the Owner and within the intent of the terms of the Contract Documents.
Sample 1
Authority of Engineer. The Engineer is authorized to reject or condemn all work or material, which does not conform to this Agreement. If any tools or equipment are unsafe, defective or inadequate for carrying out the Work, the Engineer may require the removal of such equipment and Contractor shall, without delay, substitute satisfactory equipment therefore.
Sample 1
Authority of Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of the materials furnished, the quality of the Work performed, the general manner of performance and the rate of progress of the Work. He shall decide all questions which may arise as to the interpretation of the Contract Drawings, General Conditions, Supplemental Conditions, and Specifications, all questions as to acceptable fulfillment of the Agreement, all disputes and mutual rights by the Contractors, if there be more than one Contractor on the Work, and, with the approval of the Owner, all questions as to compensation. The decision of the Engineer shall be final and he shall have executive authority to make effective such decisions and to request the Contractor to carry out all orders promptly. Drawings and Shop Drawings:
Sample 1
Authority of Engineer. IN - CHARGE Save in so far as it is legally or physically impossible, the contractor shall execute complete and maintain the works in strict accordance with the contract under the directions and to the entire satisfaction of the Engineer - in - charge and shall comply with and adhere strictly to the Engineer - in - charge instructions and directions on any matter (Whether mentioned in the contract or not) pertaining to this work. The Engineer - in - charge shall decide all questions which may arise as to quality and acceptability of materials furnished and work executed, manner of executions, rate of progress of work, interpretations of the plans and specifications and acceptability of fulfillment of the contract on the part of contractor. He shall determine the amount and quality of work performed and materials furnished and his decision and measurements shall be final. In all such matters and in any technical questions which may arise touching the contract, his decision shall be binding on the contractor. The engineer in charge shall have power to enforce such decisions and orders if the contractor fails to carry out them promptly. If the contractor fails to execute the work order by the engineer in charge, the engineer in charge may give notice to the contractor specifying a reasonable period therein and on the expiry of that period proceed to execute such work as may be deemed necessary and recover the cost thereof from the contractor.
Sample 1
AutoNDA by SimpleDocs
Authority of Engineer. Plans, Working Drawings and Shop Drawings 1.05.03—Conformity with Plans and Specifications
Sample 1
Authority of Engineer. A. The Engineer will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work, all disputed and mutual rights between contractors, all plans and specifications, and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. Except as provided in Section 1109, the Engineer's decisions will be final. B. For authority to temporarily suspend work see 1105.08 and 1108.06.
Sample 1

Related to Authority of Engineer

  • Authority of Contractor The Contractor shall have no right or authority, express or implied, to commit or otherwise obligate the Company in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by the Company.

  • Authority of Board Nothing contained in this Section 4 shall limit the authority of the Board to take such other action to the extent permitted by law as it deems necessary or advisable to preserve the Company’s status as a non-reporting company under the Exchange Act.

  • Authority of Tenant If Tenant is a corporation or partnership, each individual executing this Lease on behalf of said corporation or partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership, and that this Lease is binding upon said corporation or partnership.

  • Authority of the Manager The Manager for, and in the name and on behalf of the Company, is hereby authorized to: (1) execute any and all agreements, contracts, documents, certifications and instruments necessary or convenient in connection with the purchase, financing, development, management, operation and disposition of the Company and its property or any portion thereof.; (2) employ on behalf of the Company agents, employees, accountants, lawyers, clerical help and such other assistance and services as the Manager may deem proper and to pay therefor such remuneration as the Manager may deem reasonable and appropriate; (3) pay insurance premiums, property taxes and other amounts necessary or appropriate to the management, administration, conservation, improvement, development or operation of the Company and its property; (4) make and enter into such agreements and contracts with such parties and to give such receipts, releases and discharges with respect to any and all of the foregoing and any matters incident thereto as the Manager may deem advisable or appropriate; (5) xxx and be sued, complain and defend in the name of and on behalf of the Company; (6) operate, maintain, finance, approve, construct, own, grant options with respect to, sell, convey, assign, mortgage and lease any real estate or personal property necessary, convenient or incidental to the accomplishment of the purposes of the Company; (7) borrow money and issue evidences of indebtedness necessary, convenient or incidental to the accomplishment of the purposes of the Company and secure the same by mortgage, pledge or other lien on any property; (8) execute, in furtherance of any and all of the purposes of the Company, any deed, easement, lease, mortgage, deed of trust, mortgage note, promissory note, xxxx of sale, contract or other instrument purporting to convey or encumber any or all of the property of the Company; (9) care for and distribute funds to the Member by way of cash, income, return of capital, or otherwise, all in accordance with the provisions of this Agreement, and to perform all matters in furtherance of the objectives of the Company or this Agreement; (10) purchase from or through others contract, liability, casualty or other insurance for the protection of the properties or affairs of the Company, or the Member, or for any purpose convenient or beneficial to the Company; (11) pay all taxes, licenses or assessments of whatever kind or nature imposed upon or against the Company or its property, and for such purposes, to make such returns and to do other such acts or things as may be deemed necessary and advisable by the Company; to perform all acts and duties relating to the payment of all indebtedness, taxes and assessments; and to negotiate and enter into such agreements deemed necessary and advisable to operate the Company and its property; (12) engage in any kind of activity and to perform and carry out contracts of any kind necessary to, or in connection with, or incidental to the accomplishment of the purposes of the Company, as may be lawfully carried on or performed by a limited liability company under the laws of each State in which the Company is then formed or qualified to do business.

  • Authority of the Board The Board shall have full authority to interpret and construe the terms of the Plan and this Option Agreement. The determination of the Board as to any such matter of interpretation or construction shall be final, binding and conclusive.

  • Authority of Company The Company has all requisite authority to execute and deliver this Agreement and to carry out and perform its obligations under the terms of this Agreement.

  • Authority of Committee All determinations made by the Committee with respect to the interpretation, construction and application of any provision of this Agreement shall be final, conclusive and binding on the parties.

  • Authority of General Partner The General Partner shall have sole authority to manage the business and affairs of the Partnership, which authority shall be delegated as provided in this Agreement. Subject to the limitations in this Agreement, the General Partner shall have the authority to take any action it deems to be necessary or appropriate in connection with the business and affairs of the Partnership, including without limitation the power and authority to: 8.1.1 acquire by purchase, lease, or otherwise, any real or personal property, tangible or intangible and to deal with, purchase, sell, mortgage, transfer, assign or otherwise dispose of any and all of the assets of the Partnership; 8.1.2 construct, operate, maintain, finance, and improve, and to own, sell, convey, assign, mortgage, or lease any real estate and any personal property; 8.1.3 sell, dispose, trade, or exchange Partnership assets in the ordinary course of the Partnership’s business; 8.1.4 enter into agreements and contracts and to give receipts, releases, and discharges; 8.1.5 purchase liability and other insurance to protect the Partnership’s properties and business; 8.1.6 execute or modify leases with respect to any part or all of the assets of the Partnership; 8.1.7 prepay, in whole or in part, refinance, amend, mod­ify, or extend any mortgages, trust deeds or security agreements which may affect any asset of the Partnership and in connection therewith to exe­cute for and on behalf of the Partnership any extensions, renewals, or modifications of such mortgages, trust deeds or security agreements; 8.1.8 execute any and all other instruments and docu­ments which may be necessary or in the opinion of the General Partner desirable to carry out the intent and purpose of this Agreement, including, but not limited to, documents whose operation and effect extend beyond the term of the Partnership; 8.1.9 make any and all expenditures which the General Partner, in its sole discretion, or in the discretion of the parties to whom the General Partner has delegated the authority to act for the Partnership as provided for above, deems necessary or appropriate in connection with the management of the affairs of the Partnership and the carrying out of its obligations and responsibilities under this Agreement, including, without limitation, all legal, accounting and other related expenses incurred in connection with the organization and financing and operation of the Partnership; 8.1.10 enter into any kind of activity necessary to, in con­nection with, or incidental to, the accomplishment of the purposes of the Partnership; 8.1.11 invest and reinvest Partnership reserves in short-term instruments or money market funds; 8.1.12 take any and all other action which is permitted under law or which is customary or reasonably related to the operation, management or conducting of the business or affairs of the Partnership, subject to the limitations expressly stated in this Agreement; and the enumeration of powers in this Agreement shall not limit the general or implied powers of the General Partner or any additional powers provided by law; 8.1.13 take any and all action required to guarantee the indebtedness of Xxxxxxx Xxxx, Inc and/or its subsidiaries; and 8.1.14 delegate any or all of its authority and powers as manager of the Partnership to the Management Committee.

  • Authority of the Company To carry out its purposes, the Company, consistent with and subject to the provisions of this Agreement and applicable law, is empowered and authorized to do any and all acts and things incidental to, or necessary, appropriate, proper, advisable, or convenient for, the furtherance and accomplishment of its purposes.

  • AUTHORITY OF PARTIES 5.1 Nothing in this Agreement will constitute or be deemed to constitute a partnership between the Parties, or constitute or be deemed to constitute the Parties as agents or employees of one another for any purpose or in any form whatsoever. 5.2 Neither Party shall be entitled to, or have the power or authority to: a) enter into an agreement in the name of the other; or b) give any warranty, representation or undertaking on the other's behalf; or c) create any liability against the other or bind the other’s credit in any way or for any purpose whatsoever.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!