Decisions on Disagreements Sample Clauses

Decisions on Disagreements. 9.7.1 The CEI or A/E may, at County’s direction, be the initial interpreter of the requirements of the Contract Documents and the judge of the Contractor’s performance thereunder. In its capacity as interpreter and judge, it will exercise its best efforts to insure faithful performance of the Work by Contractor. Claims, disputes and other matters relating to the execution and progress of the Work, or the interpretation of or performance under the Contract Documents shall be referred to the CEI or A/E for decision, which it will render in writing within a reasonable time.
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Decisions on Disagreements. A. The architect/engineer will be the initial interpreter of the requirements of the contract documents and the judge of the performance thereunder. In its capacity as interpreter and judge, it will exercise its best efforts to insure faithful performance of the work by both County and contractor. It will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the work, or the interpretation of or performance under the contract documents shall be referred to the architect/engineer for decision, which it will render in writing within a reasonable time.
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Decisions on Disagreements. The Project Manager shall interpret the requirements of the PROJECT and the acceptability of the Work. If DESIGN‐BUILDER disagrees with the Project Manager’s opinion, DESIGN‐BUILDER shall refer claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements initially to the Project Manager in writing with a request for a formal decision. The Project Manager will render in writing his opinion. Written notice of each such claim, dispute, and other matter shall be delivered by the DESIGN‐BUILDER to the Project Manager within seven (7) days of the occurrence first happening. Written supporting data will be submitted to the Project Manager within fifteen
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Decisions on Disagreements. 10.6.1 The Professional shall interpret the requirements of the Contract Documents and determine the acceptability of the Work. If the Contractor disagrees with the Professional’s opinion, the Contractor shall refer claims, disputes, and other matters relating to the acceptability of the Work or their interpretation of the requirements of the Contract Documents initially to the Professional in writing with a request for a formal decision. The Professional will render in writing its opinion concerning the Contractor’s request for a formal decision and shall submit same to the Project Manager. After receipt of the Professional’s written opinion and all information requested from the Contractor, the Project Manager shall render a formal decision in writing, which shall then be conveyed to the Contractor by the Professional. Written notice of each such claim, dispute, and other matter shall be delivered by the Contractor to the Professional within seven (7) calendar days of the occurrence first happening. Written supporting data will be submitted to the Professional within fifteen (15) calendar days after such occurrence unless the Professional allows additional time. If the Contractor fails to strictly comply with these notices and submittal time periods, the Contractor shall be deemed to have waived its right to assert a claim the Contractor might otherwise have had concerning such matter.
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Decisions on Disagreements. 9.10 CONSULTANT will be the initial interpreter of the Construction Documents.
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Decisions on Disagreements. OWNER's representative will be the initial interpreter of the extent of the work to be performed by the OPERATOR and judge of the acceptability of the work thereunder. OWNER's representative will not be responsible for OPERATOR's means, methods, techniques, sequences, procedures, or the safety precautions and programs incident thereto, and will not be responsible for OPERATOR's failure to perform the work in accordance with the Agreement. OWNER's representative will not be responsible for the acts or omissions of OPERATOR or of any Subcontractors, or of the agents or employees of any OPERATOR or Subcontractor or of any other persons at the site or otherwise performing any of the work.
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Related to Decisions on Disagreements

  • Limitations on Distributions Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not make any distribution if such distribution would violate the Act or other applicable law or would cause a breach or default under any agreement or instrument to which the Company is a party or by which it or its assets are bound, but instead shall make such distribution as soon as practicable such that the making of such distribution would not cause such violation, breach or default.

  • Limitations on Disclosure The Company shall not, and the Company shall cause each of its Subsidiaries and each of its and their respective officers, directors, employees and agents not to, provide any Buyer with any material, non-public information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of such Buyer (which may be granted or withheld in such Buyer’s sole discretion). In the event of a breach of any of the foregoing covenants, including, without limitation, Section 4(o) of this Agreement, or any of the covenants or agreements contained in any other Transaction Document, by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees and agents (as determined in the reasonable good faith judgment of such Buyer), in addition to any other remedy provided herein or in the Transaction Documents, such Buyer shall have the right to make a public disclosure, in the form of a press release, public advertisement or otherwise, of such breach or such material, non-public information, as applicable, without the prior approval by the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees or agents. No Buyer shall have any liability to the Company, any of its Subsidiaries, or any of its or their respective officers, directors, employees, affiliates, stockholders or agents, for any such disclosure. To the extent that the Company delivers any material, non-public information to a Buyer without such Buyer’s consent, the Company hereby covenants and agrees that such Buyer shall not have any duty of confidentiality with respect to, or a duty not to trade on the basis of, such material, non-public information. Subject to the foregoing, neither the Company, its Subsidiaries nor any Buyer shall issue any press releases or any other public statements with respect to the transactions contemplated hereby; provided, however, the Company shall be entitled, without the prior approval of any Buyer, to make the Press Release and any press release or other public disclosure with respect to such transactions (i) in substantial conformity with the 8-K Filing and contemporaneously therewith and (ii) as is required by applicable law and regulations (provided that in the case of clause (i) each Buyer shall be consulted by the Company in connection with any such press release or other public disclosure prior to its release). Without the prior written consent of the applicable Buyer (which may be granted or withheld in such Buyer’s sole discretion), the Company shall not (and shall cause each of its Subsidiaries and affiliates to not) disclose the name of such Buyer in any filing, announcement, release or otherwise. Notwithstanding anything contained in this Agreement to the contrary and without implication that the contrary would otherwise be true, the Company expressly acknowledges and agrees that no Buyer shall have (unless expressly agreed to by a particular Buyer after the date hereof in a written definitive and binding agreement executed by the Company and such particular Buyer (it being understood and agreed that no Buyer may bind any other Buyer with respect thereto)), any duty of confidentiality with respect to, or a duty not to trade on the basis of, any material, non-public information regarding the Company or any of its Subsidiaries.

  • Limitations on Review Obligations The Asset Representations Reviewer may rely on the information in any Review Notice, the list(s) of the Subject Receivables provided by the Servicer, and the accuracy and completeness of the Review Materials. The Asset Representations Reviewer will have no obligation:

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