Contractor Claim Review and Attendance and Testimony as Witness Sample Clauses

Contractor Claim Review and Attendance and Testimony as Witness. A. Field Dispute Review Meeting: Neither the Historical Design Business nor any of Historical Design Business’ Consultants will be compensated for preparing for or participating in the mandatory field dispute review meeting when Work is 100% complete, as described in the Construction Contract General Conditions) at the project site. This meeting is deemed to be a Basic Service. B. In-House DGS Claim Conferences: The Historical Design Business shall attend all In-House Claim Conferences scheduled by the PHMC. The Small Design Business shall provide up to 24 man-hours (including preparation, travel and meeting time) as Basic Services. Compensation for any hours beyond the 24 man-hours may be negotiated as an Additional Service. C. If any Historical Business Construction contractor pursues a claim or other dispute against the PHMC or another Historical Business Construction contractor at the Board of Claims or any other formal hearing or court proceeding (i.e., not In-House) not involving the Historical Design Business’ failure to design or administer construction in accordance with this Historical Design Business Design Contract then, if requested by the PHMC, the Historical Design Business and/or the appropriate Historical Design Business’ Consultant and/or their authorized representative(s) shall assist with preparation for such formal hearings and/or Board of Claims or other court proceedings and shall prepare testimony and shall testify, both as to facts and as to expert opinion, in all such proceedings on behalf of the PHMC as an Additional Service with compensation negotiated with the PHMC prior to the assistance being rendered.
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Related to Contractor Claim Review and Attendance and Testimony as Witness

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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