Contracting Authority Change Sample Clauses

Contracting Authority Change. Contractor Change See Article 13.2 (Contractor Change). Control Control within the meaning of the SER (Social and Economic Council) ruling on the 2000 Merger Code (even if these rules do not apply).
Sample 1
AutoNDA by SimpleDocs
Contracting Authority Change. (a) If the Contracting Authority proposes a change to [Schedule 8 ([Qualitative Part of Submission]) or] Schedule 9 (Schedule of Requirements) or the definitions of “Scheduled Availability Date” or “Scheduled Expiry Date” and the resulting changes in Schedule 2 (Payment Mechanism), this is designated a Contracting Authority Change. (b) If: (i) a Relevant Change in Law necessitates an amendment of this Agreement; (ii) [the Route Decision, as it stands at the time of becoming irrevocable, deviates in content from the Route Decision as it stood on the date two weeks prior to [date Final Submission], and this necessitates an amendment of this Agreement]; [or] (iii) this Agreement, with the exception of the Contractor Schedules, imposes an act in conflict with Regulations or the intellectual or industrial property rights of a third party, and this can be remedied by means of an amendment to the Agreement; [or (iv) the adoption of measures or recommendations arising from Req. [⚫] of the Management Specifications leads to an amendment of this Agreement (excepting the Contractor Schedules)], the Parties must introduce the amendment as a Contracting Authority Change. A Change as referred to in this paragraph (b) may concern any provision in this Agreement, including Contractor Schedules. [If the results of the Work performed earlier by the Contractor must be undone due to the deviation as referred to in this paragraph (b) under (ii), then the Contracting Authority Change must also include an order to undo these results.] (c) A Contracting Authority Change may not result in: (i) substantive changes to the Work as compared to this Agreement's original purpose; or (ii) the Contractor having to act contrary to Regulations in the performance of the Work. (d) A Contracting Authority Change is a Compensation Event. (e) If the Contractor can demonstrate a Contracting Authority Change has had an adverse effect on the risk profile of the Work or on the Lenders then the Contracting Authority shall pay compensation for or bear the additional risks.
Sample 1
Contracting Authority Change. (a) The Contracting Authority may propose to amend Schedule 2 (Payment Mechanism), Schedule 8 (Management Plan) or Schedule 9 (Programme of Requirements), or the definitions for “Scheduled Availability Date” or “Expiry Date” (a Contracting Authority Change). (b) If: (i) a relevant Change in Law necessitates an amendment to this Agreement; or (ii) the wording of the Transport Infrastructure (Planning Procedures) Decree [Road Improvement Decree] once it becomes irrevocable differs from the wording of the Transport Infrastructure (Planning Procedures) Decree [Road Improvement Decree] as at two weeks prior to [date of Definitive Registration] and this necessitates a change in this Agreement; or (iii) this Agreement (excepting the Contractor Schedules) mandates activity that contravenes Regulations or infringes on the intellectual or industrial property rights of a third party and such contravention or infringement can be corrected by a Change in the Agreement; the Parties must effect the amendment as a Contracting Authority Change. A Change as referred to in this Paragraph (b) may concern any provision in this Agreement (including Contractor Schedules). (c) A Contracting Authority Change may not result in: (i) the Work being substantially changed with regard to the original purpose of the Agreement; or (ii) the Contractor having to act contrary to Regulations in performing the Work.
Sample 1
Contracting Authority Change. (a) A Contracting Authority Change may not result in: (i) Work that no longer has any direct connection with the original purpose of this Agreement; or (ii) the Contractor having to act contrary to Regulations in performing the Work. (b) If the Contractor can demonstrate that a Contracting Authority Change will adversely affect the risk profile of the Work, the Contractor or the Lenders, a guarantee must be provided to the effect that any additional risks will be borne or compensated by the Contracting Authority. (c) Within [20] Business Days of the Contracting Authority making a request for a Contracting Authority Change or if it is established that a change must be effected as a Contracting Authority Change, the Contractor must provide the Contracting Authority with provisional information as stated in Paragraph (d) of this section. This does not apply if the Contractor is able to demonstrate that it is unable to implement the proposed Change. (d) In the event of a Contracting Authority Change, the Contractor must provide the Contracting Authority with provisional information comprising: (i) details as to how the Change will result in a Critical Delay or a Critical Delay in Completion; (ii) an estimate if the matter involves a Small Change or a Large Change; and (iii) the order of magnitude of the financial consequences of the proposed Change established in accordance with Section 2.9 (Determination of the Financial Disadvantage due to Changes) of this Schedule, (including an estimate of the costs of compiling and developing the Change proposal), which the Contracting Authority must compensate (assuming that this compensation will take place as a lump-sum payment). (e) Upon receipt of the information provided in accordance with Paragraph (b), the Contracting Authority may request the Contractor to make an initial Change proposal as referred to in Section 2.4 (Change proposal)
Sample 1
Contracting Authority Change. (a) The Contracting Authority may propose to amend Schedule 2 (Payment Mechanism), the Output Specifications, or the definitions of the “Scheduled Availability Date”, [“Scheduled Completion Date”] or the “Expiry Date] (i.e. a Contracting Authority Change). (b) If: (i) a relevant Change in Law necessitates an amendment to this Agreement; or (ii) this Agreement (excepting the Contractor Schedules) mandates activity that contravenes Regulations or infringes on the intellectual or industrial property rights of a third party and such contravention or infringement can be corrected by a Change in the Agreement; the Parties must effect the amendment as a Contracting Authority Change. A Change as referred to in this Paragraph (b) may concern any provision in this Agreement (including Contractor Schedules). (c) A Contracting Authority Change may not result in: (i) the Work being substantially changed with regard to the original purpose of the Agreement; or (ii) the Contractor having to act contrary to Regulations in performing the Work.
Sample 1
Contracting Authority Change. 4..2....
Sample 1

Related to Contracting Authority Change

  • Contracting authority The contracting authority of this public contract is Enabel, the Belgian development agency, public-law company with social purposes, with its registered office at Xxx Xxxxx 000, 0000 Xxxxxxxx xx Xxxxxxx (enterprise number 0264.814.354, RPM/RPR Brussels). Enabel has the exclusive competence for the execution, in Belgium and abroad, of public service tasks of direct bilateral cooperation with partner countries. Moreover, it may also perform other development cooperation tasks at the request of public interest organisations, and it can develop its own activities to contribute towards realisation of its objectives. For this procurement contract, Xxxxxx is represented by person(s) who shall sign the award letter and are mandated to represent the organisation towards third parties.

  • Contracting Authors When the Author is more than one person then, unless otherwise indicated in this Agreement or agreed in writing by the Publisher: (a) the expression “Author” as used in this Agreement will apply collectively for all such persons (each a "co-author"); (b) the Corresponding Author hereby warrants and represents that all co-authors of the contribution have expressly agreed that the Corresponding Author has full right, power and authority to sign this Agreement on their behalf, that the Corresponding Author is entitled to act on their behalf, and that they shall be bound by the Corresponding Author, with respect to all matters, responsibilities, notices and communications related to this Agreement; the Corresponding Author shall obtain authorisations and make them available to the Publisher on request; and (c) each co-author is jointly and severally responsible for the Author’s obligations under this Agreement which apply to each co-author individually and to the co-authors collectively and the Publisher shall not be bound by any separate agreement or legal relationship as between the co-authors. The Author will prepare a contribution provisionally entitled: [Title of the Contribution] The expression “Contribution” as used in this Agreement means the contribution as identified above, and includes without limitation all related material delivered to the Publisher by or on behalf of the Author whatever its media and form (including text, graphical elements, tables, videos and/or links) in all versions and editions in whole or in part. The Contribution may contain links (e.g. frames or in-line links) to media enhancements (e.g. additional documents, tables, diagrams, charts, graphics, illustrations, animations, pictures, videos and/or software) or to social or functional enhancements, complementing the Contribution, which are provided on the Author’s own website or on a third party website or repository (e.g. maintained by an institution) subject always to the Author providing to the Editor, at the latest at the delivery date of the manuscript for the Contribution, an accurate description of each media enhancement and its respective website or repository, including its/their owner, nature and the URL. The Publisher is entitled to reject the inclusion of, or suspend, or delete links to all or any individual media enhancements. In the event that an index is deemed necessary, the Author shall assist the Editor in its preparation (e.g. by suggesting index terms), if requested by the Editor.

  • Regulatory Changes If any legislative, regulatory, judicial or other legal action (other than an Amendment to the Act, which is provided for in Section 29.3) materially affects the ability of a Party to perform any material obligation under this Agreement, a Party may, on thirty (30) days written notice to the other Party (delivered not later than thirty (30) days following the date on which such action has become legally binding), require that the affected provision(s) be renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new provision(s) as may be required; provided that such affected provisions shall not affect the validity of the remainder of this Agreement.

  • Regulatory Change Without limiting the effect of the provisions of Section 5.01(a), in the event that at any time (by reason of any Regulatory Change or any other circumstances arising after the Closing Date affecting (A) any Lender, (B) the London interbank market or (C) such Lender’s position in such market), the Adjusted LIBOR, as determined in good faith by such Lender, will not adequately and fairly reflect the cost to such Lender of funding its LIBOR Loans, then, if such Lender so elects, by notice to the Borrower and the Administrative Agent, the obligation of such Lender to make additional LIBOR Loans shall be suspended until such Regulatory Change or other circumstances ceases to be in effect (in which case the provisions of Section 5.04 shall be applicable).

  • Signing Authority Will the above-named Partner be able to sign contracts on behalf of the Partnership? ☐ Yes ☐ No Partner 2: with a mailing address of . a.) Ownership: %

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • Decision-Making Authority BMS shall have the sole decision-making authority for the operations and Commercialization strategies and decisions, including funding and resourcing, related to the Commercialization of Products; provided that such decisions are not inconsistent with the express terms and conditions of this Agreement, including BMS’ diligence obligations set forth in Section 5.1.

  • REGULATORY EVENT If a Regulatory Event occurs, the Parties shall use their best efforts to reform this ESA to give effect to the original intent of the Parties. If a Regulatory Event affects Competitive Supplier and Competitive Supplier incurs excess costs as a result thereof, such amount shall be allocated to and collected from Participating Consumers on a per kWh basis through applicable monthly invoice(s).

  • Regulatory Authority If any regulatory authority having jurisdiction (or any successor boards or agencies), a court of competent jurisdiction or other Governmental Authority with the appropriate jurisdiction (collectively, the ''Regulatory Body'') issues a rule, regulation, law or order that has the effect of cancelling, changing or superseding any term or provision of this Agreement (the ''Regulatory Requirement''), then this Agreement will be deemed modified to the extent necessary to comply with the Regulatory Requirement. Notwithstanding the foregoing, if a Regulatory Body materially modifies the terms and conditions of this Agreement and such modification(s) materially affect the benefits flowing to one or both of the Parties, as determined by either of the Parties within twenty (20) business days of the receipt of the Agreement as materially modified, the Parties agree to attempt in good faith to negotiate an amendment or amendments to this Agreement or take other appropriate action(s) so as to put each Party in effectively the same position in which the Parties would have been had such modification not been made. In the event that, within sixty (60) days or some other time period mutually agreed upon by the Parties after such modification has been made, the Parties are unable to reach agreement as to what, if any, amendments are necessary and fail to take other appropriate action to put each Party in effectively the same position in which the Parties would have been had such modification not been made, then either Party shall have the right to unilaterally terminate this Agreement forthwith.

  • Requisite Regulatory Approvals All Consents required to be obtained from or made with any Governmental Authority in order to consummate the transactions contemplated by this Agreement shall have been obtained or made.

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