Change in Statutory Requirements or Variance with Contract Sample Clauses

Change in Statutory Requirements or Variance with Contract. If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: the party discovering this must promptly notify the other; the Commonwealth's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 24.11, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the projec...
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Change in Statutory Requirements or Variance with Contract. If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then the party discovering the change or variance must promptly give the Contract Administrator and the other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the change or variance. Subject to paragraph (d), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. The Contract Price will be decreased by any saving made by the Contractor which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the change or variance or the Contract Administrator's instruction under paragraph (b), other than under paragraph (c)(i) and (ii). The Contractor: must not, without the prior written approval of the Contract Administrator, subcontract any work specified in the Contract Particulars except to a subcontractor specified in the Contract Particulars; will: not be relieved of any of its liabilities or obligations under the Contract, including those under clause 2.1; and remain responsible for all subcontractors and for all work which is or may be subcontracted, as if it was itself executing the work, whether or not any subcontractors default or otherwise fail to observe any of the requirements of the relevant subcontract; will be vicariously liable to the Commonwealth for all acts, omissions and defaults of its subcontractors (and those of the employees and agents of its subcontractors) relating to, or in any way connected with, the Contractor's Activities; must ensure that all subcontract documentation is prepared and all procurement processes for subcontractors are conducted: with the highest standards of probity,...
Sample 1
Change in Statutory Requirements or Variance with Contract. If: (a) there is any change in a Statutory Requirement after the Award Date; or (b) a Statutory Requirement is at variance with the Contract, then: (c) the party discovering this must promptly notify the other; (d) the Commonwealth's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); (e) the Fee will be: (i) increased by any extra costs reasonably incurred by the Consultant; or (ii) decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and (f) if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: (i) to be agreed between the parties; or (ii) failing agreement, determined by the Commonwealth's Representative.
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Change in Statutory Requirements or Variance with Contract. If: there is any change in a Statutory Requirement after the Date of Planning Phase Approval; or a Statutory Requirement is at variance with the Contract, then: the party discovering this must promptly notify the other; the Contract Administrator will instruct the Contractor as to the course it is to adopt insofar as the Contractor's Activities are affected by the change or variance (as the case may be); and the Contractor's Work Fee (Delivery) will be: increased by any extra costs reasonably incurred by the Contractor; or decreased by any saving made by the Contractor, in carrying out the Contractor's Work (Delivery) after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Contract Administrator's instruction, in either case as determined by the Contract Administrator in accordance with clause 11.3(a)(iii)B or C. Without limiting clause 8.24(a)(iii), the Contractor must: permit Other Contractors to carry out their work; fully co‑operate with Other Contractors; carefully co‑ordinate and interface the Contractor's Activities with the work carried out or to be carried out by Other Contractors; and carry out the Contractor's Activities so as to avoid interfering with, disrupting or delaying the work of Other Contractors.
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Change in Statutory Requirements or Variance with Contract. If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then the party discovering the change or variance must promptly give the Contract Administrator and the other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Consultant as to the course it must adopt insofar as the Services are affected by the change or variance. Subject to paragraph (d), the Consultant will be entitled to have the Fee increased by the extra costs reasonably incurred by the Consultant after the giving of the notice under paragraph (a) which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. The Fee will be decreased by any savings made by the Consultant which arise directly from the change or variance and the Contract Administrator's instruction under paragraph (b), as determined by the Contract Administrator. To the extent permitted by law, the Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the change or variance or the Contract Administrator's instruction under paragraph (b), other than under paragraph (c).
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Related to Change in Statutory Requirements or Variance with Contract

  • Compliance with Contracts The District will comply with, keep, observe and perform all agreements, conditions, covenants and terms, expressed or implied, required to be performed by it contained in all contracts for the use of the Enterprise and all other contracts affecting or involving the Enterprise to the extent that the District is a party thereto.

  • Compliance with Cuba Act The Company has complied with, and is and will be in compliance with, the provisions of that certain Florida act relating to disclosure of doing business with Cuba, codified as Section 517.075 of the Florida statutes, and the rules and regulations thereunder (collectively, the "Cuba Act") or is exempt therefrom.

  • Compliance with Conditions All of the terms, covenants, conditions and obligations of this Agreement and each other Transaction Document required to be complied with and performed by Seller on or prior to the Closing Date shall have been duly complied with and performed in all material respects.

  • COMPLIANCE WITH TAX LAW SECTION 5-a The following provisions apply to Contractors that have entered into agreements in an amount exceeding $100,000 for the purchase of goods and services: a) Before such agreement can take effect, the Contractor must have on file with the New York State Department of Taxation and Finance a Contractor Certification form (ST-220-TD). b) Prior to entering into such an agreement, the Contractor is required to provide NYSERDA with a completed Contractor Certification to Covered Agency form (Form ST-220-CA). c) Prior to any renewal period (if applicable) under the agreement, the Contractor is required to provide NYSERDA with a completed Form ST-220-CA. Certifications referenced in paragraphs (b) and (c) above will be maintained by NYSERDA and made a part hereof and incorporated herein by reference. NYSERDA reserves the right to terminate this agreement in the event it is found that the certification filed by the Contractor in accordance with Tax Law Section 5-a was false when made.

  • Compliance with Court Orders In the event that any escrow property shall be attached, garnished or levied upon by any court order, or the delivery thereof shall be stayed or enjoined by an order of a court, or any order, judgment or decree shall be made or entered by any court order affecting the property deposited under this Agreement, the Escrow Agent is hereby expressly authorized, in its sole discretion, to obey and comply with all writs, orders or decrees so entered or issued, which it is advised by legal counsel of its own choosing is binding upon it, whether with or without jurisdiction, and in the event that the Escrow Agent obeys or complies with any such writ, order or decree it shall not be liable to any of the parties hereto or to any other person, entity, firm or corporation, by reason of such compliance notwithstanding such writ, order or decree be subsequently reversed, modified, annulled, set aside or vacated.

  • Compliance with Tax Laws The Trustee hereby agrees to comply with all U.S. Federal income tax information reporting and withholding requirements applicable to it with respect to payments of premium (if any) and interest on the Debt Securities, whether acting as Trustee, Registrar, paying agent or otherwise with respect to the Debt Securities.

  • Compliance with Contractor Employee Jury Service Ordinance Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employees’ regular pay the fees received for jury service.

  • Compliance with Xxxxx-Xxxxx and Related Act requirements All rulings and interpretations of the Xxxxx-Xxxxx and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

  • Compliance with Consolidation Provisions The Company will not, while any of the Securities remain Outstanding, consolidate with or merge into any other Person, in either case where the Company is not the survivor of such transaction, or sell or convey all or substantially all of its property to any other Person unless the provisions of Article Ten hereof are complied with.

  • Compliance with Code comply and will procure that any Operator will comply with and ensure that the Ship and any Operator will comply with the requirements of the Code, including (but not limited to) the maintenance and renewal of valid certificates pursuant thereto throughout the Security Period;

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