Authority’s Claim Clause Samples

Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim”) against the Contractor in the following cases: a. If the Authority has paid any amount which is attributable to the breach of any terms and conditions of the Contract by the Contractor; and b. Any other claim Otherwise specifically stated so in this Contract. In the above cases, the Authority shall give notice and particulars to the Contractor as soon as practicable but not later than 7 (seven) days after the date on which the Authority became aware of the event or circumstances giving rise to the Authority's Claim. 18.1.2 The notice of the Authority in terms of Clause 18.1.1, shall specify the particulars which form the basis of the Authority's Claim, and shall include substantiation of the amount and/or extension to which the Authority considers it is entitled in connection with such Authority's Claim. A notice relating to any extension of the Defect Liability Period shall be given before the expiry of such period. The Authority shall then proceed to agree to determine (i) the amount which the Authority is entitled to be paid by the Contractor and/or (ii) extension in the Defect Liability Period. While determining any such matter the Authority shall consult the Contractor in an endeavour to reach an agreement. If an agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. 18.1.3 The Authority shall give notice to the Contractor of each agreement or determination with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor gives a notice to the Authority of its dissatisfaction with a determination within 14 (fourteen) days of receiving it. Either Party may then try to amicably settle the dispute in terms of Clause 18.3. 18.1.4 The Authority may deduct such amount from any moneys due or to become due to the Contractor or otherwise claim against the Contractor under the Contract.
View SourceView Similar (5)
Authority’s Claim. 18.1.1 The Authority shall be entitled to claim ("Authority’s Claim") to the Contractor in the following cases:
View SourceView Similar (3)
Authority’s Claim. 17.4.1 If the Authority considers itself to be entitled to any payment from the Contractor under any Clause of this Agreement, it shall give notice and particulars to the Contractor 15 (fifteen) days before making the recovery from any amount due to the Contractor, and shall take into consideration the representation, if any, made by the Contractor in this behalf, before making such recovery.
View SourceView Similar (2)
Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim") against the Contractor in the following cases:
View Source

Related to Authority’s Claim

  • Settlement Authority The Recipient will not enter into a settlement of any Proceeding against any of the Indemnified Parties unless the Recipient has obtained from the Province or Canada, as applicable, prior written approval or a waiver of this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations.

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • No Actions, Claims, Etc As of the date hereof, each of the Loan Parties hereby acknowledges and confirms that it has no knowledge of any actions, causes of action, claims, demands, damages and liabilities of whatever kind or nature, in law or in equity, against the Administrative Agent, the Lenders, or the Administrative Agent’s or the Lenders’ respective officers, employees, representatives, agents, counsel or directors arising from any action by such Persons, or failure of such Persons to act under the Credit Agreement on or prior to the date hereof.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties attributable to the period on or prior to the Closing except to the extent relating to the Assumed Liabilities;

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).