Claim for Variation Sample Clauses

Claim for Variation. Where a Variation has been instructed under clause 9.6(b) and: the Contractor is not responsible for the Defect (or the relevant part) the: Contract Price will be adjusted in accordance with clause 11.3; and 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; or the Contractor is responsible for the Defect (or the relevant part): the Contract Administrator will determine the: value of the Variation in accordance with clause 11.3; and cost of correcting the Defect (or the relevant part) as if clause 9.8(b) applied; the Contract Price will be adjusted by the difference between the valuations under subparagraph (i) as follows: if the value under subparagraph (i)A is greater than the cost under subparagraph (i)B, the Contract Price will be increased by the excess; or if the value under subparagraph (i)B is greater than the cost under subparagraph (i)A, the Contract Price will be decreased by the difference and will be a debt due from the Contractor to the Commonwealth; and the Contractor will not be entitled to claim an extension of time to any Date for Completion.
AutoNDA by SimpleDocs
Claim for Variation. Where a Variation has been instructed under clause 9.6(b) and: the Contractor is not responsible for the Defect (or the relevant part) - the cost of the Variation will be valued in accordance with clause 11.3; or the Contractor is responsible for the Defect (or the relevant part): the Contract Administrator will determine: the value of the Variation in accordance with clause 11.3; and the cost of correcting the Defect (or the relevant part) as if clause 9.8(b) applied; and the difference between the valuations under subparagraph (i) will be dealt with as follows: if the value under subparagraph (i)A is greater than the cost under subparagraph (i)B, the Contractor will be entitled to the excess; or if the value under subparagraph (i)B is greater than the cost under subparagraph (i)A, the difference will be a debt due from the Contractor to the Commonwealth.
Claim for Variation. Where a Variation to overcome a Defect has been directed under clause 34.2.2(a):
Claim for Variation. Regardless of any other provision of the Contract, if the Service Provider considers that a Variation applies but RTA has not Directed a Variation, the Service Provider must make its claim for a Variation within 10 Business Days from the start of the event giving rise to the Variation, or from the time when the event should have become known to the Service Provider with reasonable diligence on its part. Variation for convenience of the Service Provider The Service Provider may propose in writing a Variation for the Service Provider's convenience. RTA may approve the Variation but is not obliged to do so. RTA's approval may be conditional. Subject to the conditions of RTA's approval, the other relevant provisions of clause 10 apply to any Variation proposed by the Service Provider and approved as a Variation by RTA.

Related to Claim for Variation

  • VARIATION TO AGREEMENT 21.1 You agree the NZOC has the right to amend this Agreement at any time prior to the Nomination Date. Any amendment to this Agreement after the Nomination Date, will only be valid if it is in writing and signed by you.

  • Waiver of FOIA Request The defendant waives all of his rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case including, without limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

  • RELEASE AND WAIVER OF LIABILITY YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE BLUE CHIP AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. BLUE CHIP, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE CHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE BLUE CHIP SITES, PRODUCTS OR SERVICES;

  • Waiver of Unknown Claims This Agreement is intended to be effective as a general release of and bar to each and every Claim hereinabove specified. Accordingly, Executive hereby expressly waives any rights and benefits conferred by Section 1542 of the California Civil Code and any similar provision of any other applicable state law as to the Claims. Section 1542 of the California Civil Code provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Executive acknowledges that Executive later may discover claims, demands, causes of action or facts in addition to or different from those which Executive now knows or believes to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected its terms. Nevertheless, Executive hereby waives, as to the Claims, any claims, demands, and causes of action that might arise as a result of such different or additional claims, demands, causes of action or facts.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE RELEASEES allowing me to participate in wilderness activities, I hereby agree as follows:

  • Waiver and Release of Liability In consideration for the privilege of the Participant’s participation in the Activities, the undersigned hereby RELEASES, DISCHARGES, COVENANTS NOT TO XXX, AND AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASEES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorneys fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law suffered by the Participant incurred on his/her account with respect to the Participant’s personal injury and other injury or harm, disability, and/or death, or property damage, arising directly or indirectly from the Participant’s participation in Activities, as caused or alleged to be caused in whole or in part by the Releasees or any of them, and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON. INITIAL HERE

  • WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, , IN CONSIDERATION of being permitted to participate in any way in the Rocky Mountain Cycling Club 200 km brevet calendared for October 8, 2022 (“Activity”), I hereby acknowledge, agree, attest and represent the following:

  • Assumption of Liability Notwithstanding any provision in this Agreement to the contrary, Licensee shall be solely responsible for any product liability, liability for death, illness, personal injury, improper business practice or any other statutory liability or any other liability under any law or regulation in respect of the Compound, Product and/or Licensed Product.

  • Waiver of Liability Seller hereby waives, acquits, and forever releases, and agrees to defend and hold harmless, the Agency, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any photos or videos generated from the Photographic Services or their distribution.

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