AUTHORITY TO ACT. The Independent Certifier: (a) is an independent consultant and is not, and will not purport to be, a partner, joint venturer or agent of any PA Party; (b) other than as may be expressly set out in the Project Agreement, has no authority to give any directions to a PA Party or its officers, employees, contractors, consultants or agents; and (c) has no authority to waive or alter any terms of the Project Agreement, nor to discharge or release a PA Party from any of its obligations under the Project Agreement unless jointly agreed in writing by the PA Parties.
Appears in 11 contracts
Samples: Independent Certifier Agreement, Independent Certifier Agreement, Independent Certifier Agreement
AUTHORITY TO ACT. (a) The Independent Certifier:
(ai) is an independent consultant and is not, and will must not purport to be, a partner, joint venturer or agent of any either PA Party;
(bii) other than as may be expressly set out in this Independent Certifier Agreement or the Project Agreement, has no authority to give any directions to a PA Party or its officers, directors, members, employees, contractors, consultants or agents; and
(ciii) has no authority to waive or alter any terms of the Project Agreement, nor to discharge or release a PA Party party from any of its obligations under the Project Agreement unless jointly agreed in writing by the PA PartiesParties in writing.
Appears in 3 contracts
Samples: Independent Certifier Agreement, Independent Certifier Agreement, Independent Certifier Agreement
AUTHORITY TO ACT. (a) The Independent Certifier:
(ai) is an independent consultant and is not, and will must not purport to be, a partner, joint venturer or agent of any either PA Party;
(bii) other than as may be expressly set out in this Independent Certifier Agreement or the Project Agreement, has no authority to give any directions to a PA Party or its officers, directors, members, employees, contractors, consultants or agents; and
(ciii) has no authority to waive or alter any terms of the Project Agreement, nor to discharge or release a PA Party party from any of its obligations under the Project Agreement unless jointly agreed in writing by the PA PartiesParties in writing.
(b) The Independent Certifier will confirm the foregoing directly to either Contribution Agreement Party, if requested by the City.
Appears in 2 contracts
Samples: Independent Certifier Agreement, Independent Certifier Agreement
AUTHORITY TO ACT. C5.1 The Independent Certifier:
(a) is an independent consultant and is not, and will must not purport to be, a partner, joint venturer or agent of any either PA Party;
(b) other than as may be expressly set out in this Independent Certifier Agreement or the Project Agreement, has no authority to give any directions to a PA Party or its officers, directors, members, employees, contractors, consultants or agents; and
(c) has no authority to waive or alter any terms of the Project Agreement, nor to discharge or release a PA Party party from any of its obligations under the Project Agreement unless jointly agreed in writing by the PA PartiesParties in writing.
Appears in 1 contract
Samples: Independent Certifier Agreement