Contract and Interpretation Sample Clauses

Contract and Interpretation. 1 1.1 DEFINITIONS 1 1.2 CONTRACT DOCUMENTS 5 1.3 ORDER OF PRECEDENCE 5 1.4 DEFINITIONS 5 1.5 INTERPRETATION 5 1.6 NOTICE 8 1.7 GOVERNING LAW 9 1.8 SETTLEMENT OF DISPUTES 9 1.9 ASSIGNMENT 10 1.10 CONTRACT RECORDS, ACCOUNTING AND AUDITING 10 1.11 OPERATOR’S CLAIMS 11 2.1 GENERAL 12 2.2 DESIGN-BUILD PERIOD – COMMENCEMENT, DELAYS AND SUSPENSION 13 2.3 NEW OPERATIONS PERIOD 15 3.1 GENERAL – SERVICES AND STANDARDS OF PERFORMANCE 16 3.2 LAW GOVERNING SERVICES 16 3.3 CONFLICT OF INTEREST 16 3.4 INSURANCES 17 3.5 SITE INFORMATION AND INVESTIGATION 17 3.6 ACCESS TO THE SITE AND NEW FACILITY 18 4.1 DESIGN-BUILD SERVICES 19 4.2 DESIGN AND ENGINEERING 19 4.3 OTHER DESIGN RESPONSIBILITIES 20 4.4 BUILDING AND CONSTRUCTION SERVICES 20 4.5 PROCUREMENT AND TRANSPORTATION 21 4.6 BUILDING RESPONSIBILITIES 21 6.1 TESTS AND INSPECTION 27 7.1 MONTHLY PROGRESS NOTICE 28 7.2 COMPLETION 29 8.1 COMMISSIONING 29 8.2 TESTS ON COMMISSIONING 29 8.3 OPERATIONAL ACCEPTANCE 30 9.1 OVERALL DESCRIPTION OF SERVICES TO BE PROVIDED BY THE OPERATOR 30 9.2 GENERAL PROVISIONS APPLICABLE TO PLANS AND PROGRAMS 31 9.3 CONSISTENCY AMONG PLANS AND PROGRAMS 31 9.4 REPAIR, REPLACEMENT AND REHABILITATION 32 9.5 FINANCIAL, ADMINISTRATIVE AND REGULATORY MANAGEMENT 32 9.6 INVENTORY MANAGEMENT 32 9.7 [TIPPING FEES AND REVENUE GENERATION 32 9.8 [BILLINGS AND COLLECTION 32 10.1 DURING THE DESIGN BUILD PERIOD 32 10.2 DURING THE OPERATION SERVICES PERIOD 33 11.1 OWNER’S ASSISTANCE TO THE OPERATOR 34 11.2 ACCESS TO THE SITE AND NEW FACILITY 34 11.3 REVIEWS AND APPROVALS OF SUBMISSIONS 35 12.1 CONTRACT PRICE 35 12.2 PAYMENT DURING THE DESIGN-BUILD PERIOD 35 12.3 HOLDBACK 36 12.4 PAYMENT DURING THE OPERATION PERIOD 36 12.5 PAYMENT PROCEDURES 36 12.6 PERFORMANCE INCENTIVE COMPENSATION 37 12.7 LIQUIDATED DAMAGES - OPERATIONS 37 12.8 SECURITIES 37 12.9 TAXES AND DUTIES 38 13.1 COPYRIGHT – DESIGN-BUILD DOCUMENTS 39 13.2 CONFIDENTIALITY 39 14.1 GENERAL 40 14.2 DESIGN-BUILD SUPERVISION 40 14.3 OPERATIONS SUPERVISION 42 15.1 REPRESENTATIVES 44 15.2 OPERATOR’S SUPERINTENDENCE 46 15.3 OPERATOR’S PERSONNEL 46 15.4 REPLACEMENT OF OPERATOR’S PERSONNEL 47 15.5 [EXISTING STAFF 47 15.6 SUBCONTRACTORS 47
Sample 1
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Contract and Interpretation. 1.1 These Terms and Conditions set out the terms on which the Supplier agrees to provide services to Firefish from time to time (the “Services”). Those Services may be provided for the benefit of Firefish itself, or for Firefish’s Affiliates, or for one or more of Firefish’s clients, and all references to Firefish shall be deemed to include these entities where applicable. 1.2 Each time Firefish engages the Supplier to provide Services to it, the parties will agree a scope of work or order document (a “Work Order”) which sets out the specific details of the Services and any deliverables that the Supplier will deliver to Firefish when providing the Services (the “Deliverables”), including the timetable for providing the services, KPIs, service levels or other milestones and requirements together with the fees that are payable to you and any other special arrangements. 1.3 The contract between Firefish and the Supplier consists solely of these Terms and Conditions (including any addenda or documents referred to herein and incorporated by reference) and each Work Order, which should be read together as one document and shall together form the agreement between the parties. Firefish’s Affiliates may enter into separate Work Orders directly with the Supplier which shall be governed by these Terms and Conditions and will together form a separate agreement as between the relevant Firefish Affiliate and the Supplier. The relevant Firefish Affiliate, not Firefish, shall be solely responsible and liable to the Supplier for its performance under the agreement. These Terms and Conditions apply rather than any Work Order if there is any inconsistency between them, except where any provision of these Terms and Conditions states that different terms can be set out in the Work Order. 1.4 The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation. 1.5 In these Terms and Conditions, any term that is defined in a clause shall have the meaning given to it in that clause, and the following terms shall have the following meanings:
Sample 1
Contract and Interpretation. 1. Definitions (GCC Clause 1)
Sample 1
Contract and Interpretation. 1. Definitions (GCC Clause 1) (a) N/A GCC 1.1(b)(1) The Purchaser is: The Commissioner General, Tanzania Revenue Authority GCC 1.1(b) The Project Manager is: Deputy Commissioner Technical Services (Domestic Revenue Department) GGC 1.1(c) Appendix 4 and 5 are not applicable GCC 1.1(e)(i) The Purchaser’s Country is: United Republic of Tanzania GCC 1.1(e)(iii) The Project Site(s) is/are: ‘Named sites in the Project Implementation Plan (“PIP”). GCC 1. 1(x)
Sample 1
Contract and Interpretation. Definitions 1.1 Bill of Quantities means the priced and completed Bill of Quantities forming part of the Service provider’s Bid. The Certificate of Completion is a document issued by the Engineer upon completion of Repair and Rehabilitation Services, Modification and Improvement Services and Emergency Services, or parts thereof, as applicable, in accordance with GCC 54.1 The Completion Date is the date of completion of the Services and Services as certified by the Engineer, in accordance with Sub-Clause 10.2. The Contract is the Contract between the Employer and the Service provider to perform the services to be provided by the Service provider, and to execute, complete, and maintain the Services. It consists of the documents listed in Clause 3 below. The Service provider is a person or corporate body whose Tender to carry out the Works and Services has been accepted by the Employer The Service provider’s Tender is the completed tendering document submitted by the Service provider to the Employer. The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days; months are calendar months. A Defect is any part of the Services and Services not completed in accordance with the Contract. The Defects Liability Certificate is the certificate issued by Engineer upon correction of defects by the Service provider. The Defects Liability Period is the period specified in the Contract and is applicable for Rehabilitation and repair Services and Modification and Improvement Services, with exclusions identified in the PARTICULAR CONDITION OF CONTRACT, if any. Dispute Review Board (DRB) is a board of three members selected and act in accordance with rules and procedures defined in the Contract to seek to resolve any dispute of any kind that may arise between the Employer and the Service provider in connection with or arising out of the Contract, as provided for in Clause 6 hereunder. Dispute Review Expert (DRE) is one expert selected and acting in accordance with rules and procedures defined in the Contract to seek to resolve any dispute of any kind that may arise between the Employer and the Service provider in connection with or arising out of the contract, as provided for in Clause 6 hereunder. Drawings include calculations and other information provided by the Service provider for the execution of the Contract. Emergency Services is a set of necessary and sufficien...
Sample 1
Contract and Interpretation 
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Related to Contract and Interpretation

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Clarifications and Interpretations It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by the ODR such clarifications or interpretations will be provided by the A/E consistent with the intent of the Contract Documents. The A/E will issue these clarifications with reasonable promptness to the Contractor as Architect’s Supplemental Instruction (ASI) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, the Contractor shall so notify the Owner in accordance with the provisions of Article 11.

  • Conflicts and Interpretation In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.

  • Administration and Interpretation Any question or dispute regarding the administration or interpretation of the Notice, the Plan or this Agreement shall be submitted by the Grantee or by the Company to the Committee. The resolution of such question or dispute by the Committee shall be final and binding on all persons.

  • Captions and Interpretation The captions used in this Agreement are for convenience only. They do not affect the meaning of the paragraphs in this Agreement.

  • Definitions and Interpretations The terms "specifically approved at least annually," "vote of a majority of the outstanding voting securities," "assignment," "affiliated person," and "interested person," when used in this Agreement, shall have the respective meanings specified, and shall be construed in a manner consistent with, the Investment Company Act of 1940 and the rules and regulations promulgated thereunder. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, or the Securities Exchange Act of 1934 (collectively, the "Federal Securities Acts") shall be resolved by reference to such term or provision of the Federal Securities Acts and to interpretations thereof, if any, by United States federal courts or, in the absence of any controlling decisions of any such court, by rules or regulations of the Securities and Exchange Commission. Where the effect of a requirement of the Federal Securities Acts reflected in any provision of this Agreement is revised by rule or regulation of the Securities and Exchange Commission, such provisions shall be deemed to incorporate the effect of such rule or regulation.

  • Definition and Interpretation 1.1 Except as otherwise defined in the terms or context hereof, the following terms in this Agreement shall have the following meanings:

  • Definitions and Interpretation 1.1 In this Agreement:

  • Interpretation; Construction The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. This Agreement has been drafted by legal counsel representing Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Agreement and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Captions and Interpretations Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.

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