CONTRACTOR’S RIGHT OF APPROVAL Sample Clauses

CONTRACTOR’S RIGHT OF APPROVAL. Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Client:
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CONTRACTOR’S RIGHT OF APPROVAL. 5.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: 5.1.1 would require the Services to be performed in a way that infringes any Law or is inconsistent with Good Industry Practice; 5.1.2 would require the Contractor to implement the Contract Change in Service in an unreasonable period of time; 5.1.3 is technically impossible to implement provided that: 5.1.3.1 the Contractor can demonstrate to the Authority‟s satisfaction that the proposed Contract Change is impossible to implement; and 5.1.3.2 neither the Contractor nor the Service Description state that the Contractor does have the technical capacity and flexibility required to implement the proposed Contract Change. 5.1.4 if it would not be capable of being delivered on a reasonable commercial basis. then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within five Working Days after the date on which it is obliged to deliver the Impact Assessment.
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CONTRACTOR’S RIGHT OF APPROVAL. 6.1 Following an Impact Assessment, if the Supplier reasonably believes that any proposed Contract Change which is requested by Customer: (a) would adversely affect the risks to the health and safety of any person; (b) would require the Services to be performed in a way that infringes any law or is inconsistent with good industry practice; (c) would cause any consent to be revoked (or a new consent required to implement the relevant Contract Change to be unobtainable); (d) would adversely affect the Supplier’s ability to deliver the Services (other than to a minimal or de minimis degree); (e) would require the Supplier to implement the Contract Change in an unreasonable period of time; (f) would materially change the nature or risk profile of the Services (other than to a minimal or de minimis degree); (g) would require a party to possess legal powers or capacity that it does not have; and/or
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CONTRACTOR’S RIGHT OF APPROVAL. 7.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within five (5) Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3.
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CONTRACTOR’S RIGHT OF APPROVAL. 7.1 Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Council: 7.1.1 would materially and adversely affect the risks to the health and safety of any person; 7.1.2 would require the Services to be performed in a way that infringes any Law or is inconsistent with Good Industry Practice; 7.1.3 would cause any consent to be revoked (or a new consent required to implement the relevant Change in service to be unobtainable); 7.1.4 would materially and adversely affect the Contractor’s ability to deliver the Services; 7.1.5 would materially and adversely affect the health and safety of any person; 7.1.6 would require the Contractor to implement the Change in Service in an unreasonable period of time; 7.1.7 would (if implemented) materially and adversely change the nature of the Services (including the risk profile); and/or 7.1.8 would (to implement) require the Council to possess legal powers or capacity that it does not have. then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Council of its reasons for doing so within [five] Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3.
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CONTRACTOR’S RIGHT OF APPROVAL. 4.1 If the Contractor reasonably believes that any proposed Framework Contract Change which is requested by the Framework Authority: (a) would materially and adversely affect the risks to the health and/or safety of any person; (b) would require any of the Available Services to be performed in a way that infringes any Law or is inconsistent with Good Industry Practice; (c) would cause any consent to be revoked (or a new consent required to implement the relevant Framework Contract Change to be unobtainable); (d) would materially and adversely affect the Contractor's ability to deliver the Available Services; (e) would require the Contractor to implement the Framework Contract Change in an unreasonable period of time; (f) would (if implemented) materially and adversely change the nature of the Available Services (including the risk profile); and/or (g) would (to implement) require the Framework Authority, a Customer or a Service Recipient to possess legal powers or capacity that it does not have, then, subject to the Contractor's compliance with Paragraph 4.2, the Contractor shall be entitled to reject the proposed Framework Contract Change and shall notify the Framework Authority in writing of its reasons for doing so within two (2) Working Days after the date on which it receives the Framework RFC pursuant to Paragraph 3.1 or the date on which it receives any clarifications pursuant to Paragraph 3.4. 4.2 If the Contractor believes it is entitled to reject the proposed Framework Contract Change in accordance with Paragraph 4.1, the Contractor shall, at the same time as its notice, provide 1. Where required by the Framework Authority, any such alternative suggestion shall be implemented through the Change Control Procedure.
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CONTRACTOR’S RIGHT OF APPROVAL. Following an Impact Assessment, if the Contractor reasonably believes that any proposed Contract Change which is requested by the Authority: would materially and adversely affect the risks to the health and safety of any person; would require the Services to be performed in a way that infringes any Law; or is technically impossible to implement, provided that: the Contractor can demonstrate to the Authority’s reasonable satisfaction that the proposed Contract Change is impossible to implement; and the Contractor’s Technical Solution does not state that the Contractor does have the technical capacity and flexibility required to implement the proposed Change, then the Contractor shall be entitled to reject the proposed Contract Change and shall notify the Authority of its reasons for doing so within five Working Days after the date on which it is obliged to deliver the Impact Assessment in accordance with paragraph 4.3. FAST–TRACK CHANGES The Parties acknowledge that, to ensure operational efficiency, there may be circumstances where it is desirable to expedite the processes set out above. If both Parties agree in relation to a proposed Contract Change that: the Contract Change does not involve any alteration to, or deviation from the contractual principles set out in this Agreement; and the total number of Contract Changes in relation to which this fast track procedure has been applied does not exceed four in any twelve month period (or such higher number as the Parties may from time to time agree in writing), then the Parties shall confirm to each other in writing that they shall use the process set out in paragraphs 3, 4, 5, 6 and 7 but with reduced timescales, such that any period of fifteen Working Days is reduced to five Working Days, any period of ten Working Days is reduced to two Working Days and any period of five Working Days is reduced to one Working Day. The parameters set out in paragraph 8.2 may be revised from time to time by agreement between the Parties in writing. CHANGE AUTHORISATION Any proposed Contract Change processed in accordance with this Schedule 13 will not be authorised and the Contractor shall not implement any proposed Contract Change until the Change Authorisation Note is signed and executed by the Authority in accordance with the Authority’s Contract Change authorisation and sign off procedure(s), as notified to the Contractor in writing from time to time. COMMUNICATIONS For any Change Communication to be valid under this Sc...
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Related to CONTRACTOR’S RIGHT OF APPROVAL

  • Right of appropriation (a) We shall be entitled in our reasonable discretion to apply and appropriate all payments received by us in such a manner or order of priority as we may deem fit, notwithstanding any specific appropriation of such sums by you or any person making such payment. Without prejudice to the generality of the foregoing, we may apply payments received by us in the following order of priority: (i) all billed but unpaid interest, fees and charges; (ii) all unpaid balance transfer balances, cash advances, instalment plans, card transactions shown in any previous statements of account; (iii) all unpaid balance transfer balances, cash advances, instalment plans, card transactions shown in the current statement of account; and (iv) all unpaid balance transfer balances, cash advances, instalment plans, card transactions not yet included in any statement of account. (b) For each category of unpaid balances referred to in each of sub- clauses 15.1(a)(ii), (iii) and (iv): (i) the balances with the highest applicable interest rate will be repaid in priority to the other balances within such category; and (ii) where the interest rate applicable to any unpaid balance transfer balances within such category is the same, payments received by us will reduce the balances transferred under the latest fund transfer program (after it has been reflected in your statement of account) first, notwithstanding that you may have unpaid balance transfer balances from earlier fund transfer programs.

  • LESSOR'S RIGHT OF ENTRY The Lessor or the Lessor's agent may enter at reasonable hours to inspect or show the Premises to prospective lenders and purchasers, and to do anything the Lessor may be required to do hereunder or which the Lessor may deem necessary for the good of the Premises or any building of which they are apart. During the last [#] days of the Term, the Lessor may display a "For Rent" sign on the Premises and show the Premises to prospective lessees.

  • Lessor’s Rights If Lessee fails to perform Lessee's obligations under this Paragraph 7, or under any other paragraph of this Lease, Lessor may at its option (but shall not be required to) enter upon the Premises after ten (10) days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable as additional rental to Lessor together with Lessee's next rental installment.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

  • Lessor’s Right to Inspect Lessee shall permit Lessor and its authorized representatives as frequently as reasonably requested by Lessor to inspect the Leased Property and Lessee’s accounts and records pertaining thereto and make copies thereof, during usual business hours upon reasonable advance Notice, subject only to any business confidentiality requirements reasonably requested by Lessee.

  • Authorization of appropriations For the acquisition of lands or interests in lands designated by section 410z of this title, as components of the Boston National Historical Park, there is authorized to be appropriated not to exceed $2,740,000. For development of the com- ponents designated as paragraphs 1 through 6 in section 410z of this title, there is authorized to be appropriated not more than $12,818,000. For the development of the component designated as paragraph 7 in section 410z of this title, there is authorized to be appropriated not more than $11,500,000. (Pub. L. 93–431, § 7, Oct. 1, 1974, 88 Stat. 1186.) SUBCHAPTER LVIII—VALLEY FORGE NATIONAL HISTORICAL PARK

  • LANDLORD'S RIGHT OF ACCESS Landlord and its contractors and representatives shall have the right to enter the Premises at all reasonable times to perform janitorial and cleaning services and, after verbal notice (except in the case of emergencies), to inspect the same, to make repairs, alterations and improvements, to maintain the Premises and the Building, specifically including, but without limiting the generality of the foregoing, to make repairs, additions or alterations within the Premises to mechanical, electrical and other facilities serving other premises in the Building, to post such reasonable notices as Landlord may desire to protect its rights, to exhibit the Premises to mortgagees and purchasers, and, during the one hundred eighty (180) days prior to the expiration of the Term, to exhibit the Premises to prospective tenants. In the event the Premises is vacant, Landlord may place upon the doors or in the windows of the Premises any usual or ordinary “To Let,” “To Lease,” or “For Rent” signs. Tenant shall permit Landlord to erect, use, maintain and repair pipes, cables, conduit, plumbing, vents and wires, in, to and through the Premises to the extent Landlord may now or hereafter deem necessary or appropriate for the proper operation, maintenance and repair of the Building and any portion of the Premises. In exercising its rights under this Article 16, Landlord will use reasonable efforts to minimize any interference with Tenant’s use or occupancy of the Premises, provided that Landlord will not be obligated to provide overtime labor or perform work after regular Building hours.

  • Right of Appeal 13.1 If the Administrator: 13.1.1 decides not to certify a facility or to vary a certificate which has been issued; 13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or 13.1.3 decides to vary or not to vary the target for a target unit, the Operator may appeal to the Tribunal against the decision. 13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator. 13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit. 13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are: 13.4.1 that the decision was based on an error of fact; 13.4.2 that the decision was wrong in law; 13.4.3 that the decision was unreasonable; 13.4.4 any other reason. 13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal. 13.6 On determining an appeal under these Rules the Tribunal must either: 13.6.1 affirm the decision; 13.6.2 quash the decision; or 13.6.3 vary the decision.

  • LANDLORD'S RIGHT OF ENTRY 7.1. Landlord and Landlord's agents and representatives shall have the right, when accompanied by a representative of Tenant, to enter the Premises at all reasonable hours and upon reasonable notice, as more particularly hereinafter described, for the following purposes: (i) performing maintenance, repairs, or alterations to the Premises but only in the event of default by Tenant under the terms of this Lease; (ii) showing the Premises to prospective new tenants during the last twelve (12) months of the Term; (iii) showing the Premises during the Term to any mortgagees or prospective purchasers of the Premises; or (iv) curing any default by Tenant in performing its obligations under this Lease beyond any applicable notice and grace period. All non-emergent work within the Premises shall be performed in accordance with a schedule and plan approved by Tenant, which approval shall not be unreasonably withheld, delayed or conditioned, but in no event shall Landlord be prohibited or unreasonably restricted from performing such work on a timely and commercially reasonable basis. 7.2. Landlord may enter upon the Premises at any time in case of emergency upon prior verbal notice if possible and with the accompaniment by a representative of Tenant to the extent Tenant makes such representative immediately available. Landlord shall advise Tenant of the date, time and nature of all such entries promptly following cessation of the emergency. 7.3. In connection with any entry by Landlord pursuant to this Article 7, Landlord shall use all reasonable efforts to minimize the disruption of Tenant's use of the Premises and all work performed by or on behalf of Landlord in or on the Premises pursuant to this Article 7 shall be performed with as little inconvenience to Tenant's business as is reasonably possible. Tenant shall have the right, in its sole discretion, to designate a representative to accompany Landlord, or any third parties, while they are on the Premises.

  • Pledgor’s Rights As long as no Default or Event of Default shall have occurred and be continuing and until written notice shall be given to Pledgor in accordance with Section 8(a) hereof: (a) Pledgor shall have the right, from time to time, to vote and give consents with respect to the Pledged Collateral, or any part thereof for all purposes not inconsistent with the provisions of this Agreement, the Credit Agreement or any other Loan Document; provided, however, that no vote shall be cast, and no consent shall be given or action taken, which would have the effect of impairing the position or interest of Agent in respect of the Pledged Collateral or which would authorize, effect or consent to (unless and to the extent expressly permitted by the Credit Agreement): (i) the dissolution or liquidation, in whole or in part, of a Pledged Entity; (ii) the consolidation or merger of a Pledged Entity with any other Person; (iii) the sale, disposition or encumbrance of all or substantially all of the assets of a Pledged Entity, except for Liens in favor of Agent; (iv) any change in the authorized number of shares, the stated capital or the authorized share capital of a Pledged Entity or the issuance of any additional shares of its Stock; or (v) the alteration of the voting rights with respect to the Stock of a Pledged Entity; and (i) Pledgor shall be entitled, from time to time, to collect and receive for its own use all cash dividends and interest paid in respect of the Pledged Shares and Pledged Indebtedness to the extent not in violation of the Credit Agreement other than any and all: (A) dividends and interest paid or payable other than in cash in respect of any Pledged Collateral, and instruments and other property received, receivable or otherwise distributed in respect of, or in exchange for, any Pledged Collateral; (B) dividends and other distributions paid or payable in cash in respect of any Pledged Shares in connection with a partial or total liquidation or dissolution or in connection with a reduction of capital, capital surplus or paid-in capital of a Pledged Entity; and (C) cash paid, payable or otherwise distributed, in respect of principal of, or in redemption of, or in exchange for, any Pledged Collateral; provided, however, that until actually paid all rights to such distributions shall remain subject to the Lien created by this Agreement; and (ii) all dividends and interest (other than such cash dividends and interest as are permitted to be paid to Pledgor in accordance with clause (i) above) and all other distributions in respect of any of the Pledged Shares or Pledged Indebtedness, whenever paid or made, shall be delivered to Agent to hold as Pledged Collateral and shall, if received by Pledgor, be received in trust for the benefit of Agent, be segregated from the other property or funds of Pledgor, and be forthwith delivered to Agent as Pledged Collateral in the same form as so received (with any necessary endorsement).

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