Contractor's Entitlement Sample Clauses

Contractor's Entitlement. If the Contract Administrator determines that a Latent Condition has been encountered or found, the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under clause 7.3(a) which arise directly from the Latent Condition and the Contract Administrator's instruction under clause 7.3(b)(ii), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Latent Condition or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraphs (i) and (ii). Site Access The Commonwealth: is not obliged to: provide the Contractor with sole access to the Site; or carry out any work or provide any facilities to the Contractor (other than as stated in the Contract) which may be necessary to enable the Contractor to obtain adequate access to carry out the Contractor's Activities; may engage Other Contractors to work upon or in the vicinity of the Site at the same time as the Contractor; and must use reasonable endeavours to ensure that any Other Contractors engaged by the Commonwealth comply with the reasonable requirements of the Contractor as to matters concerning industrial relations, insurance and work health and safety.
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Contractor's Entitlement. If the Contract Administrator determines that a Latent Condition has been encountered or found, the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under clause 7.3(a) which arise directly from the Latent Condition and the Contract Administrator's instruction under clause 7.3(b)(ii), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Latent Condition or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraphs (a)(i) and (a)(ii).
Sample 1
Contractor's Entitlement. If the Contract Administrator determines that UXO has been encountered or found following receipt of a notice from the Contractor under clause 3.1 in the Delivery Phase and the Contractor has complied with clause 3.1(a) the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7 of the Conditions of Contract; and have the Delivery Phase Price increased by the extra costs reasonably incurred by the Contractor after either the giving of the notice under clause 3.1(a) which arise directly from the UXO and the Contract Administrator's instruction under clause 3.1(b)(ii), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any UXO, the Contract Administrator's instruction under clause 3.1(b)(ii), other than under paragraph (a). Definitions and interpretation For the purposes of this clause 3, UXO means any sort of military ammunition or explosive on or under the Site which has failed to explode including, sea mines or shells used by a navy, mortar bombs, mines, artillery shells or hand grenades used by the army, bombs, rockets or missiles used by an air force, and other types of ammunition and explosives including training munitions and any explosive remnants of war. DRAWINGS Without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, all drawings which the Contractor is required to provide under the Contract must be prepared by competent draftspersons in accordance with: the standard prescribed in the Contract (or, to the extent it is not so prescribed, a standard consistent with the best industry standard for drawings of a nature similar to those required for the Works); all Statutory Requirements; the directions of the Contract Administrator; and to the extent that they are not inconsistent with the requirements of the Contract, the requirements of all relevant standards of Standards Australia. DILAPIDATION SURVEY Prior to commencing the Contractor's Activities on the Site, the Contractor must carry out a comprehensive survey of the location and condition of existing structures, roads, carparks, access paths, footpaths, trees, services, [and] other civil works [and INSERT ANY OTHER AREAS/FEATURES TO BE INCLUDED IN THE SURVEY] on and around the Site. The survey must include the rec...
Sample 1
Contractor's Entitlement. If the Engineer fails to certify In accordance with Sub-Clause 14.6 [
Sample 1
Contractor's Entitlement. If, in the Delivery Phase, the Contract Administrator determines that a Latent Condition has been encountered or found, the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Delivery Phase Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under clause 7.3(a) which arise directly from the Latent Condition and the Contract Administrator's instruction under clause 7.3(b)(ii), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Latent Condition or the Contract Administrator's instruction under clause 7.3(b)(ii), other than under paragraphs (i) and (ii). Site Access Generally The Commonwealth: is not obliged to: provide the Contractor with sole access to the Site; or carry out any work or provide any facilities to the Contractor (other than as stated in the Contract) which may be necessary to enable the Contractor to obtain adequate access to carry out the Contractor's Activities; may engage Other Contractors to work upon or in the vicinity of the Site at the same time as the Contractor; and must use reasonable endeavours to ensure that any Other Contractors engaged by the Commonwealth comply with the reasonable requirements of the Contractor as to matters concerning industrial relations, insurance and work health and safety. In carrying out the Contractor’s Activities, the Contractor must, and must ensure that its officers, employees, subcontractors and agents comply with any direction of the Contract Administrator in relation to Site access or conduct at the Site. Failure by the Commonwealth to give access as required by clause 2.8 or 2.10(b)(ii) will not be a breach of the Contract but will, in respect of failure to provide access as required by clause 2.10(b)(ii) only, during the Delivery Phase, entitle the Contractor to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Delivery Phase Price increased by the extra costs reasonably incurred by the Contractor which arise directly from the Commonwealth's failure to give the Contractor access to the Site, as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (...
Sample 1
Contractor's Entitlement. The only circumstances under which the Contractor will be entitled to an extension to a Date for Practical Completion are when all of the following requirements have been met:
Sample 1
Contractor's Entitlement. If the Engineer fails to certify In accordance with Sub-Clause 14.6 [Issue of Interim to Suspend Work Payment Certificates] or the Employer fails to comply with Sub-Clause 2.4 [Employer's Financial Arrangements] or Sub-Clause 14.7 [Payment], the Contractor may, after giving not less than 21 days' notice to the Employer, suspend work (or reduce the rate of work) unless and until the Contractor has received the Payment Certificate, reasonable evidence or payment, as the case may be and as described in the notice. The Contractor's action shall not prejudice his entitlements to financing charges under Sub-Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) In accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:
Sample 1
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Related to Contractor's Entitlement

  • Contractor’s Staff 1. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.

  • Assuring Contractors’ Systems 2.1 The primary purpose of the Contractor Assurance Team is to provide the Authority with an assurance that payments to Contractors are in accordance with the Authority requirements, and that public funds are protected and value for money has been obtained.

  • Subcontractor Payments Subject to Agency’s prior approval, Agency will reimburse Outside Counsel for the actual, reasonable and necessary expenses relating to Outside Counsel’s use of subcontractors. Outside Counsel shall be responsible for any payments and other claims due to subcontractors for work performed under this OCC. Outside Counsel, in subcontracting for any performances or in support of any of the performances specified herein (e.g., expert services, local counsel, and other services), expressly understands and agrees that Agency shall not be directly liable in any manner to Outside Counsel’s subcontractor(s).

  • B5 Contractor’s Staff B5.1 The Authority may, by written notice to the Contractor, refuse to admit onto, or withdraw permission to remain on, the Authority’s Premises:

  • Contractor’s Employees B7.1 The Council reserves the right under the Contract to refuse to admit to, or to withdraw permission to remain on, any premises occupied by or on behalf of the Council:

  • Contractor’s Key Personnel The Contractor shall use adequate numbers of qualified individuals with suitable training, education, experience and skill to perform the Services. The Contractor has been selected to perform the Services herein, in part, because of the skills and expertise of the key individuals and/or firms (collectively “Contractor’s Key Personnel”) that are listed in Exhibit F. Substitution or replacement of the individuals and/or firms identified in Exhibit F is not allowed except with written approval of the AOC If the designated lead or key person fails to perform to the satisfaction of the AOC upon written notice, the Contractor will have fifteen (15) calendar days to remove that person from the Project and replace that person with one acceptable to the AOC. All lead or key personnel for any Subcontractor must also be designated by any Subcontractor and are subject to all conditions stated in this section. The Contractor shall be responsible for all costs associated with replacing any of Contractor’s Key Personnel, including the additional costs to familiarize replacement personnel with the Services. If the Contractor does not furnish replacement personnel acceptable to the AOC, the AOC may terminate this Agreement for cause. Prior to the authorization of any Phase of the Agreement, the parties will agree upon any Key Personnel applicable to that Phase. Said personnel shall be documented in Exhibit F. Standard of Care The Contractor, its officers, agents, employees, Subcontractors, consultants and any persons or entities for whom Contractor is responsible, shall provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project. The AOC’s Acceptance of any submittals, deliverables, or other work product of the Contractor shall not be construed as assent that Contractor has complied, nor in any way relieve the Contractor of, compliance with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, guidelines, and requirements. AOC’s Quality Assurance Plan The AOC or its agent may evaluate Contractor’s performance under this Agreement. Such evaluation may include assessing Contractor’s compliance with all Agreement terms and performance standards. Any deficiencies in the Contractor’s performance that the AOC determines are severe or continuing and that may place performance of the Agreement in jeopardy if not corrected, will be reported to the Contractor’s principal. The report may include recommended improvements and corrective measures to be taken by the Contractor. If the Contractor’s performance remains unsatisfactory, the AOC may, without limitation, terminate this Agreement for cause or impose other penalties as specified in this Agreement. Any evaluation of Contractor’s performance conducted by the AOC shall not be construed as an Acceptance of the Contractor’s work product or methods of performance. Contractor shall be solely responsible for the quality, completeness, and accuracy of the work product that Contractor and its Subcontractors deliver under this Agreement. Contractor shall not rely on AOC to perform any quality control review of Contractor’s work product, as such review shall be conducted by Contractor.

  • Subcontractors of Contractor These terms shall also apply to Subcontractors of County Contractors.

  • Contractors All LAUSD Contractors and their Representatives are expected to conduct any and all business affiliated with LAUSD in an ethical and responsible manner that fosters integrity and public confidence. A “Contractor” is any individual, organization, corporation, sole proprietorship, partnership, nonprofit, joint venture, association, or any combination thereof that is pursuing or conducting business with and/or on behalf of LAUSD, including, without limitation, consultants, suppliers, manufacturers, and any other vendors, bidders or proposers. A Contractor’s “Representative” is also broadly defined to include any subcontractors, employees, agents, or anyone else who acts on a Contractor’s behalf.

  • Contractor’s Equipment Payment for required equipment owned by the Construction Manager or an affiliate of the Construction Manager will be based solely on an hourly rate derived by dividing the current appropriate monthly rate by 176 hours. No payment will be made under any circumstances for repair costs, freight and transportation charges, fuel, lubricants, insurance, any other costs and expenses, or overhead and profit. Payment for such equipment made idle by delays attributable to the Government will be based on one-half the derived hourly rate under this subsection.

  • SUB-CONTRACTORS Transfer Agent may, without further consent on the part of Customer, subcontract with other subcontractors for telephone and mailing services as may be required from time to time; provided, however, that the Transfer Agent shall be as fully responsible to the Customer for the acts and omissions of any subcontractor as it is for its own acts and omissions.

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