AUTHORITY OF THE CONSULTANT Sample Clauses

AUTHORITY OF THE CONSULTANT. Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any other disagreement between the parties including any disagreement as to any decision, finding or determination by the Consultant, herein collectively called disputes, which are not resolved to the mutual satisfaction of the parties in the first instance by findings of the Consultant subject to and as provided in GC 2.2 – ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of this PART 8.

AUTHORITY OF THE CONSULTANT. (a) The Consultant will have authority to act on behalf of Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in Section 8.1(b). (b) The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of Owner, Project Co and the Consultant. (c) If the Consultant’s employment is terminated, Owner shall immediately appoint or reappoint a Consultant whose status shall, upon notification to Project Co of such appointment or reappointment, be that of the former Consultant.

AUTHORITY OF THE CONSULTANT. The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in GC 2.1.2.

AUTHORITY OF THE CONSULTANT. Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC2.2 – Role of the Consultant, shall be settled in accordance with the requirements of Part 8 of the General Conditions – Dispute Resolution.

AUTHORITY OF THE CONSULTANT. The Consultant will have authority to act on behalf of the Owner only to the extent provided in the

AUTHORITY OF THE CONSULTANT. 2.2.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.2.2. 2.2.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents may be modified or extended only with the written consent of the Construction Manager following consultation with the Consultant. 2.2.3 If the Consultant’s employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Construction Manager makes no reasonable objection and whose duties, responsibilities and limitations of authority under the Contract Documents will be that of the former Consultant. CCDC 5B – 2010 19

AUTHORITY OF THE CONSULTANT. Nothing in Part 8 of the General Conditions – DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 of GC 8.2 – NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based.

AUTHORITY OF THE CONSULTANT. The Company hereby authorizes the Consultant, subject to the other provisions of this Agreement, to do all acts and things as the Consultant may in its discretion deem necessary or desirable to enable the Consultant to provide the Services. Notwithstanding the foregoing, the Consultant has no authority to enter into contracts or agreements on behalf of the Company or to bind the Company in any manner whatsoever.

AUTHORITY OF THE CONSULTANT. Section 2.1 is amended by adding a new subsection after subsection 2.1.3 as follows:

AUTHORITY OF THE CONSULTANT. Add to Section 8.1.1 the following: “The provisions of this Part 8 Dispute Resolution shall not apply to (i) those disputes referred to in paragraphs 1. Through 6. Of Part II.1 of the Construction Act, which shall be referred to adjudication in accordance with the procedures set out in the Construction Act or; (ii) a default or allegation of a default by one party against another under this Contract in respect of which matters the parties hereto shall have full right to avail themselves of any legal or equitable remedy available to them under the laws of the Province of Ontario and the laws of Canada applicable therein.” Delete last sentence of 8.1.3 and substitute the following sentence: If it is subsequently determined that such instructions were at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond the requirements of the Contract Documents, including costs resulting from interruption of the Work.