Contractor Acknowledgements. Contractor acknowledges the following:
Contractor Acknowledgements. The Contractor acknowledges and agrees that:
(a) the Services are core and essential Services provided by the Principal to its residents and others within its local government area; and
(b) the Principal has relied on the representations made by the Contractor through its offer, including that it can meet the service standards required under the Contract including the Specifications.
Contractor Acknowledgements. A. The Agreement. Prior to the execution of this Agreement, under the Technical Services Agreement, Contractor performed engineering, cost estimating and related services and developed, provided or verified all of the information that forms the Scope of Work and Design Basis (subject to Section 4.8) listed in Attachment A, for the purpose of determining that such information is adequate and sufficiently complete for Contractor to engineer, procure, construct, pre-commission, commission, start-up and test a fully operational LNG export, liquefaction and send-out terminal facility and to engineer, procure and construct certain improvements and modifications to the Stage 1 Liquefaction Facility and the Existing Facility for the Contract Price, within the required times set forth in the Project Schedule, and in accordance with all requirements of this Agreement, including Applicable Codes and Standards, Applicable Law, Warranties, Minimum Acceptance Criteria and Performance Guarantee. Further, Contractor and its Affiliates originally engineered and constructed the Existing Facility pursuant to separate agreements entered into with Owner’s Affiliates and have engineered, procured and constructed, or are in the process of engineering, procuring and constructing, the Stage 1 Liquefaction Facility pursuant to the Stage 1 EPC Agreement. Accordingly, subject to Section 4.8 and Section 3.1 of Attachment A, Contractor (i) hereby agrees that it shall have no right to claim or seek an increase in the Contract Price or an adjustment to the Project Schedule with respect to any incomplete, inaccurate or inadequate information that may be contained or referenced in Attachment A, (ii) hereby waives and releases Owner from and against any such claims, and (iii) shall not be relieved of its responsibility to achieve all requirements under this Agreement (including meeting Applicable Codes and Standards, Applicable Law, Minimum Acceptance Criteria and Performance Guarantee) due to any such incomplete, inaccurate or inadequate information. Subject to Section 4.8, Owner makes no guaranty or warranty, express or implied, as to the accuracy, adequacy or completeness of any information that is contained in or referenced in Attachment A.
B. Conditions of the Site.
1. Subject to adjustment as appropriate pursuant to Section 4.3, Contractor agrees and acknowledges that it is sufficiently familiar with the Liquefaction Facility Site, the Existing Facility Site (to the extent related to ...
Contractor Acknowledgements. The Contractor acknowledges and agrees that: neither it nor the Personnel are entitled to any Entitlements from the Principal; and the Contractor is responsible for providing Personnel with any Entitlements. The Principal will pay the Contractor the Fees for providing the Services on the following basis: the Principal will generate a fortnightly recipient created tax invoice (RCTI) for the Contractor in accordance with the documented procedures and operations manuals; the Principal will pay the Contractor on a fortnightly basis on receipt of client payment for the preceding fortnight; the Contractor will not be entitled to any consideration from the Principal in excess of the Fees, and will not be entitled to any consideration unless it is invoiced in accordance with this clause.
Contractor Acknowledgements. The Contractor acknowledges and agrees that:
(a) the Crown does not assume or owe any duty of care to the Contractor to review or comment on, direct any amendments to, or approve, any Documents pursuant to this clause 14;
(b) any:
(i) review or comment on, amendments directed to or receipt or approval of, any Documents pursuant to clause 14.3(a);
(ii) provision of information to the Contractor by the Crown; or
(iii) failure by the Crown to perform (including any failure to perform correctly) any of the functions referred to in clause 14.3, will not:
(iv) limit, or relieve the Contractor of, any obligation or liability under this Contract; or
(v) limit any right of the Crown under this Contract.
Contractor Acknowledgements. The Contractor acknowledges and agrees that:
(a) the Crown is relying on the representations and warranties made to it as set out in this Agreement;
(b) the obligations and liabilities of the Contractor under this Agreement will remain unaffected despite:
(i) any information, data, representation, statement or document made, or provided to the Contractor, by the Crown or any other person whether or not on behalf of the Crown, in relation to the Services including any information, data, representation, statement or document with respect to a Site or the Environment; or
(ii) any error, omission, inadequacy or deficiency in the Services or any information referred to in sub clause (i);
(c) as at the date of this Agreement, it is aware of the current condition of Sites, including Site access requirements and Site environments; and
(d) it is aware of the current condition of Equipment and the design and architecture of the TMRN.
Contractor Acknowledgements. A. This Agreement. Prior to the execution of this Agreement, Contractor or Contractor’s Affiliate performed engineering, cost estimating and related services and developed and provided, or verified, the information that forms the Scope of Work and Basis of Design in Attachment A, which was performed or verified pursuant to the ITB Agreement. Subject to Section 4.6A, Contractor hereby agrees and acknowledges that the Scope of Work and Basis of Design are accurate, adequate and sufficiently complete for Contractor to engineer, procure, construct, pre-commission, commission, start-up and test a fully operational natural gas liquefaction facility, export terminal and associated facilities for the Contract Price and in accordance with all requirements of this Agreement, including Applicable Codes and Standards, Applicable Law, and the Warranties, Minimum Acceptance Criteria and Performance Guarantees. Accordingly, except for Section 4.6A, Contractor hereby (i) agrees that it shall have no right to claim or seek an increase in the Contract Price or an adjustment to the Key Dates with respect to any incomplete, inaccurate or inadequate information or requirements that may be contained or referenced in Attachment A, and (ii) waives and releases Owner from and against such claims. Owner makes no guaranty or warranty, express or implied, as to the accuracy, adequacy or completeness of any such information that is contained or referenced in Attachment A.
Contractor Acknowledgements. A. PHWP funding is intended to help cover the costs of staff that conduct public health activities as it relates to preventing, preparing for, and specifically responding to COVID-19. This includes the recruiting, hiring, and training process for public health workers.
B. PHWP funding shall be used to cover wages and benefits for public health professionals (directly or through contract).
1. The Contractor agrees to provide to the California Department of Aging (CDA) the services described here in Agreement number PH-2223-31.
2. The services shall be performed in Planning and Service Area(s): 31.
3. The services shall be provided as needed.
4. The project representatives during the term of this agreement will be: State Agency: California Department of Aging Contractor: Merced County, on behalf of the Area Agency on Aging Name: Xxxxx Xxxxxxx Branch Chief Older Adult Programs Branch Name: Xxxxxxx Xxxxx, Director, Program Manager Phone: (000) 000-0000 Phone: (000) 000-0000 Email: xxxxx.xxxxxxx@xxxxx.xx.xxx Email: xx.xxx xxxxxxx.xxxxx@countyofmerc Direct only contract inquiries to: State Agency:California Department of Aging Contractor: Merced County, on behalf of the Area Agency on Aging Section/Unit: Business Services and Contracts Section/Unit: Attention: Xxxxxx Xxxxxxx Attention: Xxxxx Xxxxx Xxxxxxxxx Address: 0000 Xxxxxxx Xxxx Xx, Xxx 000 Xxxxxxxxxx, XX 00000 Address: P.O. Box 112 Merced, CA, 00000-0000 Phone: (000) 000-0000 Phone: (000) 000-0000 Email: Xxxxxx.Xxxxxxx@xxxxx.xx.xxx Xxxxx: Xxxxx.XxxxxXxxxxxxxx@xxxxxxxxx xxxxx.xxx The parties may change their representatives upon providing ten days written notice to the other party. Said changes do not require an amendment to this agreement.
Contractor Acknowledgements. The Contractor acknowledges and agrees that:
(a) Tetra Tech does not assume or owe any duty of care to the Contractor to review or comment on, or direct amendments to or approve, any Documents;
(b) any:
(i) review or comment on, or amendments directed to or approval of, any Documents pursuant to Clause 5.4; or
(ii) failure by Tetra Tech’s Representative to perform (including any failure to perform correctly) any of the functions referred to in Clause 5.4, will not:
(iii) limit, or relieve the Contractor of, any obligation or liability; or
(iv) limit any right of Tetra Tech;
(v) constitute acceptance by Tetra Tech or Tetra Tech’s Representative of the performance of the Contractor’s obligations under this Contract;
(vi) be considered as a representation or an acknowledgment by Tetra Tech or Tetra Tech’s Representative that the relevant Documents comply with this Contract; or
(vii) give rise to any Claim on the part of the Contractor;
(c) it has not in any way relied (and will not rely) upon any:
(i) review or comment on, or amendments directed to or approval of, any Documents pursuant to Clause 5.4; or
(ii) failure to perform (including any failure to perform correctly) any of the functions referred to in Clause 5.4, by Tetra Tech or Tetra Tech’s Representative;
(d) the Contractor has carefully reviewed all Documents and is satisfied that those Documents:
(i) contain no Inconsistency; and
(ii) are adequate for the purposes of the Contractor performing its obligations under this Contract; and
(e) Tetra Tech is not liable for, or in connection with any Claim (and the Contractor is not entitled to make any Claim) arising out of, or in connection with, the matters referred to in this Clause 5.5.
Contractor Acknowledgements. A. This Agreement. Prior to the execution of this Agreement, Contractor or Contractor’s Affiliate performed engineering, cost estimating and related services and developed and provided, or verified, as applicable, (1) the information that forms the Scope of Work and Basis of Design in Attachment A, which was performed or verified pursuant to the FEED Agreement, and (2) the Phase 1 Work Product, which was created or obtained pursuant to the Phase 1 EPC Agreements. Subject to Section 4.6A, Contractor hereby agrees and acknowledges that the Scope of Work and Basis of Design are accurate, adequate and sufficiently complete for Contractor to engineer, procure, construct, pre- commission, commission, start-up and test a fully operational natural gas liquefaction facility, and associated facilities for the Contract Price and in accordance with all requirements of this Agreement, including Applicable Codes and Standards, Applicable Law, and the Warranties, Minimum Acceptance Criteria and Performance Guarantees. Accordingly, except for Section 4.6A, Contractor hereby (i) agrees that it shall have no right to claim or seek an increase in the Contract Price or an adjustment to the Key Dates under this Agreement with respect to any incomplete, inaccurate or inadequate information or requirements that may be contained or referenced in Attachment A or the Phase 1 Work Product, and (ii) waives and releases Owner from and against such claims. Owner makes no guaranty or warranty, express or implied, as to the accuracy, adequacy or completeness of any such information that is contained or referenced in Attachment A or in the Phase 1 Work Product.
