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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. 9.7.2 Should Contractor object to any decision by the CEI or A/E with respect to any such claim, dispute or other matter that has been referred to the CEI or A/E, except any which have been waived by the making or acceptance of final payment as provided in Article 14, paragraph 14.11, such objection shall be resolved in accordance with Article 16.
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. B. Should either County or contractor object to any decision by the architect/engineer with respect to any such claim, dispute or other matter that has been referred to the architect/engineer, except any which have been waived by the making or acceptance of final payment as provided in article 14, paragraph 14.11, such objection shall be resolved in accordance with article 17; however, no demand for legal action for any such claim, dispute, or other matter shall be made until the earlier of: 1. The date on which the architect/engineer has rendered its decision, or; 2. The tenth (10th) day after the parties have presented their evidence to the architect/engineer if it has not rendered its written decision before that date. No demand for legal action shall be made later than thirty (30) days after the date on which the architect/engineer rendered its written decision in respect of the claim, dispute or other matter as to which legal action is sought, and the failure to demand legal action within said thirty (30) days’ period shall result in the architect/engineer’s decision being final and binding upon County and contractor. If the architect/engineer renders a decision after legal proceedings have been initiated, such decision may be entered as evidence but shall not supersede the legal proceedings, except where the decision is acceptable to the parties concerned.
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.
Decisions on DisagreementsCONSULTANT will be the initial interpreter of the Construction Documents.
Decisions on DisagreementsThe 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
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.

Related to Decisions on Disagreements

  • Limitations on Consultations The Advisor is prohibited from consulting with other advisors of the Fund, except Vanguard, concerning transactions for the Fund in securities or other assets.

  • Considerations on Review In considering the review, the Plan Administrator shall take into account all materials and information the claimant submits relating to the claim, without regard to whether such information was submitted or considered in the initial benefit determination.

  • Limitations on Claims In addition to the limitations on indemnification set forth in Section 9(a) above, the Employer shall not be obligated pursuant to this Agreement: (i) To indemnify or advance expenses to Executive with respect to a Proceeding initiated by Executive, except (i) for Proceedings authorized or consented to by the Board; or (ii) in the event a claim for indemnification or payment of expenses (including attorneys’ fees) made under this Agreement is not paid in full within sixty (60) days after a written claim therefor has been received by the Employer, Executive may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim, including attorneys’ fees. In any such action, the Employer shall have the burden of proving that Executive was not entitled to the requested indemnification or payment of expenses under applicable law or this Agreement. (ii) To indemnify Executive for any expenses incurred by Executive with respect to any Proceeding instituted by Executive to enforce or interpret this Agreement, unless Executive is successful in establishing Executive’s right to indemnification in such Proceeding, in whole or in part; provided, however, that nothing in this Section 9(d)(ii) is intended to limit the Employer’s obligation with respect to the advancement of expenses to Executive in connection with any Proceeding instituted by Executive to enforce or interpret this Agreement, as provided in Section 9(c) above. (iii) To indemnify Executive in connection with proceedings or claims involving the enforcement of the provisions of this Agreement (other than as otherwise specifically provided for in this Section 9) or any other employment, severance or compensation plan or agreement that Executive may be a party to, or beneficiary of, with the Employer or any other Company. (iv) To indemnify Executive on account of any proceeding with respect to which final judgment is rendered against Executive for payment or an accounting of profits arising from the purchase or sale by Executive of securities in violation of Section 16(b) of the Securities Exchange Act of 1934, as amended, any similar successor statute, or similar provisions of state statutory law or common law.

  • Survival of Provisions After Termination (1) If this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, the provisions of Sections 3.1(8), 3.2(3), 4.1(6)(b), 5.1(3), 5.2, 5.3, 5.4, 8.1, 8.2, 10.1(2) and 11.2(4), and the definitions and Schedules applicable thereto shall survive the termination and continue in full force and effect. The definitions and Schedules shall survive only for the limited purpose of the interpretation of Sections 3.1(8), 3.2(3), 4.1(6)(b), 5.1(3), 5.2, 5.3, 5.4, 8.1, 8.2, 10.1(2) and 11.2(4), within the meaning of this Settlement Agreement, but for no other purposes. All other provisions of this Settlement Agreement and all other obligations pursuant to this Settlement Agreement shall cease immediately.

  • Decisions by Members Whenever in this Agreement reference is made to the decision, consent, approval, judgment, or action of the Members, unless otherwise expressly provided in this Agreement, such decision, consent, approval, judgment, or action shall mean a Majority of the Members.

  • Governing Law and Settlement of Disputes 8.1 The execution, validity, interpretation, performance, implementation, termination and settlement of disputes of this Agreement shall be governed by the laws of PRC. 8.2 Both Parties shall strive to settle any dispute arising from the interpretation or performance in connection with this Agreement through friendly consultation within 30 days after One Party ask for consultation. In case no settlement can be reached through consultation, One Party can submit such matter to China International Economic and Trade Arbitration Commission (the “CIETAC”). The arbitration shall follow the current rules of CIETAC, and the arbitration proceedings shall take place in Shanghai. The arbitration award shall be final and binding upon the Both Parties and shall be enforceable in accordance as its terms. 8.3 In case of any disputes arising out of the interpretation and performance of this Agreement or any pending arbitration of such dispute, Both Parties shall continue to perform their rights and obligations under this Agreement, except that such maters are involved in the disputes.

  • Limitations on Distribution Notwithstanding any provision to the contrary contained in this Agreement, the General Partner shall not make a Partnership distribution to any Partner if such distribution would violate Section 17-607 of the Act or other applicable Law.

  • Limitations on Disposition No Grantor will sell, license, lease, transfer or otherwise dispose of any of the Collateral, or attempt or contract to do so except as permitted by the Credit Agreement.

  • 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.

  • Restrictions on Dispositions Shareholder agrees that, from and after the date of this Agreement and through the Effective Time, he or she will not take any action that will alter or affect in any way the right to vote the Shares, except (i) with the prior written consent of Bancorp or (ii) to change such right from that of a shared right of Shareholder to vote the Shares to a sole right of Shareholder to vote the Shares.