Claims Under This Article Sample Clauses

Claims Under This Article. 15.1.1. All claims, counterclaims, disputes and other matters in question between the Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof, shall be submitted in writing to the Professional and otherwise processed and resolved as provided in this Article. 15.1.2. A claim means a written demand or assertion by the Owner or Contractor, which is properly certified, seeking an adjustment in Contract Price and/or payment of moneys due, an extension or shortening in Contract Time, the adjustment or interpretation of Contract terms, or other relief arising under or relating to the Contract, which becomes a claim or dispute after a written determination by the Professional or Owner under the appropriate provision of the Contract Documents. 15.1.3. Unless otherwise agreed between the parties, any claim that can be resolved under a provision of the Contract Documents providing for or excluding the relief sought by the claimant shall be resolved in accordance with that provision.
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Claims Under This Article. 15.1.1 All Notices of Claims, Claims and any other matters in dispute between the City and the Contractor arising from or related to the Contract Documents or a claimed breach thereof, specifically including those matters arising from Paragraphs 4.28.1; 7.5.3 and 11.4.2, shall be subject to, processed and resolved as provided in this Article 15. 15.1.2 A “Claim” under this Article 15 shall mean a written demand or assertion by the City or Contractor, which is properly certified according to the requirements of Paragraph 15.2.1, seeking an adjustment in Contract Price and payment of monies due, an extension or shortening in Contract Time, the adjustment or interpretation of Contract terms, or any other relief arising under or relating to the Contract, after a determination by the Architect or City under the appropriate provision of the Contract Documents. 15.1.3 A Claim arising under the Contract is a Claim that can be resolved under a provision within the Contract Documents that provides for or excludes the relief sought by the claimant. Such Claims shall be resolved in accordance with the applicable provisions. 15.1.4 No Claim shall be valid unless it is based upon the prior submission of a clearly marked written “Notice of Claim” that states the general nature of the Claim delivered by the party making the Claim to other party promptly, but in no event later than thirty (30) days after the Architect's or Official's determination giving rise to the Claim. The receipt by the City of a timely Notice of Claim shall be a condition precedent to the City receiving a valid a Claim submitted from the Contractor for evaluation. The clearly marked written “Claim” itself together with all supporting data shall be delivered within sixty (60) days after the determination. The responsibility to substantiate Claims shall rest with the party making the Claim. Notwithstanding anything to the contrary in this Article, the Official shall not be required to deliver notice of any Claim for liquidated damages or involving retention until sixty (60) days after the final acceptance. 15.1.5 A Claim by the Contractor shall be submitted to the Official with a copy to the Architect for a written decision from the City. The City will provide the Contractor with a written acknowledgement of receipt of the Claim within seventy-two (72) hours, and will notify the Contractor as to the status of the Claim within thirty (30) days of receipt. A Claim by the City shall be submitted to the Co...
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Related to Claims Under This Article

  • Applicability of This Article Redemption of Securities of any series (whether by operation of a sinking fund or otherwise) as permitted or required by any form of Security issued pursuant to this Indenture shall be made in accordance with such form of Security and this Article; provided, however, that if any provision of any such form of Security shall conflict with any provision of this Article, the provision of such form of Security shall govern.

  • Payments under this Agreement In the event that one party (the “Owing Party”) is required to make a payment to another party (the “Owed Party”) pursuant to this Agreement, then such payments shall be made according to this Section 7.05.

  • Persons Having Rights under this Agreement Nothing in this Agreement shall be construed to confer upon, or give to, any person or corporation other than the parties hereto and the Registered Holders of the Warrants any right, remedy, or claim under or by reason of this Agreement or of any covenant, condition, stipulation, promise, or agreement hereof. All covenants, conditions, stipulations, promises, and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties hereto and their successors and assigns and of the Registered Holders of the Warrants.

  • Conditions to Each Party’s Obligations under this Agreement The respective obligations of each party under this Agreement shall be subject to the fulfillment at or prior to the Closing Date of the following conditions, none of which may be waived:

  • Modification to Article VII, Section 4 of the DPA Article VI, Section 4 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Other Provisions applicable to Adjustments under this Section The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect provided for in this Section 4:

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

  • Conditions to Obligations of Each Party Under This Agreement The respective obligations of each party to effect the Merger and the other transactions contemplated herein shall be subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived, in whole or in part, to the extent permitted by applicable Law:

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits.

  • Provisions are severable Each of the terms and conditions of this agreement is severable and distinct from one another and if at any time any one or more of the terms and conditions of this agreement or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way.

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