Definition of the Cost of the Work Sample Clauses

Definition of the Cost of the Work. 14.01 The Cost of the Work means the cost to the Owner, but such cost shall not include any Architect’s, Engineer’s or Consultant’s fees or reimbursements, or the cost of an On-Site Inspector, or the cost of fixtures or equipment except built-in or attached equipment included in plans and specifications at the Owner’s request, and shall not include construction cost, expenses or fees covered by Article No. 15 and any additional work listed in the Special Provisions to the Agreement. 14.02 The Cost of Work shall not include the cost of movable equipment or furnishings unless requested in writing by the Owner and as defined in the Special Provisions of the Agreement or by amendment to the Agreement. 14.03 No deduction shall be made from the fee for design services on account of liquidated damages or other sums withheld from payments to contractors. 14.04 When labor or material is furnished by the Owner below its market cost, the Cost of Work shall be computed upon such market cost in determining the agreed estimate of the Cost of the Work. See the Special Provisions of the Agreement for method of calculation. 14.05 With regard to tracking and furnishing estimates of cost as required by Service E, for a major change in the scope of the work requested by Owner after the contract for construction is awarded, the Designer, as part of its performance of Service E, shall prepare and furnish to the Owner a general estimate of the cost of the Owner’s requested major change. The preparation and furnishing of this general cost estimate shall not constitute extra services under Article 15 of this Agreement. After Owner’s receipt and review of the general cost estimate for the Owner requested major change, Owner may give Designer written instructions to prepare and furnish a detailed cost estimate (which shall include the amount of the estimator’s fee for preparing the detailed cost estimate only) for the Owner requested major change. If, after receipt of the detailed cost estimate, the Owner decides not to proceed with and approve a change order for the requested major change, then Owner shall pay Designer only the amount of the estimator’s fee for the preparation of the detailed cost estimate for the rejected major change.
AutoNDA by SimpleDocs
Definition of the Cost of the Work. The cost of the work as herein referred to means the cost to the Owner, but such cost shall not include any Architect's/Engineer's or Engineer's fees or reimbursements or cost of the services of a resident engineer inspector. When labor or material is furnished by the Owner below its market cost, the cost of the work shall be computed upon such market cost.
Definition of the Cost of the Work. 14.01 The Cost of the Work means the cost to the Owner, but such cost shall not include any Architect’s, Engineer’s or Consultant’s fees or reimbursements, or the cost of an On-Site Inspector, or the cost of fixtures or equipment except built-in or attached equipment included in plans and specifications at the Owner’s request, and shall not include construction cost, expenses or fees covered by Article No. 15 and any additional work listed in the Special Provisions to the Agreement. 14.02 The Cost of Work shall not include the cost of movable equipment or furnishings unless requested in writing by the Owner and as defined in the Special Provisions of the Agreement or by amendment to the Agreement. 14.03 No deduction shall be made from the fee for design services on account of liquidated damages or other sums withheld from payments to contractors. 14.04 When labor or material is furnished by the Owner below its market cost, the Cost of Work shall be computed upon such market cost in determining the agreed estimate of the Cost of the Work. See the Special Provisions of the Agreement for method of calculation. 14.05 With regard to tracking and furnishing estimates of cost as required by Service E, for a major change in the scope of the work requested by Owner after the contract for construction is awarded, the Designer, as part of its performance of Service E, shall prepare and furnish to

Related to Definition of the Cost of the Work

  • Cost of the Work The sum of all allowable costs necessarily incurred and paid by Contractor in the proper performance of the Work.

  • Completion of the Work The Contractor must obtain Material Completion as defined in Section 6.1.2 below prior to any occupancy of the Project.

  • Modification of the Small Generating Facility The Interconnection Customer must receive written authorization from the NYISO and Connecting Transmission Owner before making any change to the Small Generating Facility that may have a material impact on the safety or reliability of the New York State Transmission System or the Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the prior written authorization of the NYISO and Connecting Transmission Owner, the Connecting Transmission Owner shall have the right to temporarily disconnect the Small Generating Facility. If disconnected, the Small Generating Facility will not be reconnected until the unauthorized modifications are authorized or removed.

  • Start-Up Costs The Government of Ontario will provide:

  • Maintenance during Construction Period (i) During the Construction Period, the Contractor shall maintain, at its cost, the existing lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at no time materially inferior as compared to their condition on Appointed Date, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for the efficient progress of Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Contractor only with the prior written approval of the Authority’s Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring safe operation of the Project Highway. It is further agreed that in the event the Project includes construction of a bypass or tunnel and realignment of the existing carriageway, the Contractor shall maintain the existing highway in such sections until the new Works are open to traffic. (ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of default by the Contractor in discharging the obligations specified in Clause 10.4 (i) above, the Authority shall get these maintenance works completed in the manner recommended by the Authority’s Engineer to avoid public inconvenience at the risk and cost of the Contractor in order to keep the road in traffic worthy condition.

  • Contractor Responsibility for System Agency’s Termination Costs If the System Agency terminates the Contract for cause, the Contractor shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Contractor. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Contractor’s failure to perform any Work in accordance with the terms of the Contract.

  • Construction With Other Parts Of The Tariff This ISA shall not be construed as an application for service under Part II or Part III of the Tariff.

  • Construction Period During the construction period, Redeveloper agrees to keep the construction area, including completed operations insured against loss or damage by fire, and such other risks, casualties, and hazards as are customarily covered by builders’ risk or extended coverage policies in an amount not less than the replacement value but allowing for reasonable coinsurance clauses and deductibles. In the event of any insured damage or destruction, Redeveloper agrees to use its good faith efforts to commence restoration of the Private Improvements to its prior condition within nine (9) months from the date of the damage or destruction, and shall diligently pursue the same to completion.

  • Additional Costs Capital Adequacy (a) If any new law, rule or regulation, or any change after the date hereof in the interpretation or administration of any Applicable Law, rule or regulation by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Bank or its Applicable Lending Office with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency in connection therewith issued, promulgated or enacted after the date hereof shall: (i) subject any Bank (or its Applicable Lending Office) to any Tax with respect to its Loans, its Note or its Commitment, in each case with respect to any Borrower, or shall change the basis of taxation of payments to any Bank (or its Applicable Lending Office) by such Borrower of the principal of or interest on its Loans or any other amounts due under this Agreement or its Commitment, in each case except for any (A) Covered Tax, or (B) Tax described in clauses (a)(2), (b), (c), or (d) of the definition of Excluded Taxes; or (ii) impose, modify or deem applicable any reserve (including, without limitation, any such requirement imposed by the Board of Governors of the Federal Reserve System), special deposit, insurance assessment or similar requirement against assets of, deposits with or for the account of, or credit extended by, any Bank (or its Applicable Lending Office) or shall impose on any Bank (or its Applicable Lending Office) any other condition affecting its Loans, its Note or its Commitment, in each case with respect to such Borrower; or (iii) impose on any Bank any other conditions or requirements with respect to this Agreement, the other Loan Documents, the Loans or such Bank’s Commitment, in each case with respect to such Borrower; and the result of any of the foregoing is to increase the cost to such Bank (or its Applicable Lending Office) of making, funding, issuing, renewing, extending or maintaining any Loan to such Borrower or such Bank’s Commitment in favor of such Borrower, or to reduce the amount of any sum received or receivable by such Bank (or its Applicable Lending Office) from such Borrower under this Agreement or under its Note with respect thereto, by an amount deemed by such Bank to be material, then, promptly upon demand by such Bank (and in any event within thirty (30) days after demand by such Bank) and delivery to such Borrower of the certificate required by clause (c) of this Section (with a copy to the Agent), such Borrower shall pay to such Bank the additional amount or amounts as will compensate such Bank for such increased cost or reduction. (b) If any Bank shall determine that any change after the date hereof in any existing Applicable Law, rule or regulation or any new law, rule or regulation regarding liquidity or capital adequacy, or any change therein, or any change after the date hereof in the interpretation or administration thereof by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or any new request or directive of general applicability regarding liquidity or capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency issued, promulgated or enacted after the date hereof, has or would have the effect of reducing the rate of return on capital of such Bank (or its parent corporation) as a consequence of such Bank’s Loans to a Borrower or obligations to such Borrower hereunder to a level below that which such Bank (or its parent corporation) could have achieved but for such law, change, request or directive (taking into consideration its policies with respect to liquidity and capital adequacy) by an amount deemed by such Bank to be material, then from time to time, promptly upon demand by such Bank (with a copy to the Agent) (and in any event within thirty (30) days after demand by such Bank) such Borrower shall pay to such Bank such additional amount or amounts as will compensate such Bank (or its parent corporation) for such reduction. (c) Each Bank will promptly notify each Borrower and the Agent of any event of which it has knowledge, occurring after the date hereof, which will entitle such Bank to compensation from such Borrower pursuant to this Section and, upon the written request of the Borrowers, will designate a different Applicable Lending Office if such designation will avoid the need for, or reduce the amount of, such compensation and will not, in the judgment of such Bank, be otherwise disadvantageous to such Bank. A certificate of any Bank claiming compensation under this Section and setting forth in reasonable detail the additional amount or amounts to be paid to it hereunder and the calculations used in determining such additional amount or amounts shall be conclusive in the absence of manifest error. In determining such amount, such Bank may use any reasonable averaging and attribution methods. (d) Failure or delay on the part of any Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Bank’s right to demand such compensation; provided that the Borrowers shall not be required to compensate a Bank pursuant to this Section for any increased costs or reductions incurred more than nine months prior to the date that such Bank notifies the Borrowers of the change giving rise to such increased costs or reductions and of such Bank’s intention to claim compensation therefor; provided further that, if the change giving rise to such increased costs or reductions is retroactive, then the nine month period referred to above shall be extended to include the period of retroactive effect thereof.

  • SCOPE OF THE WORK The Contractor shall furnish all the materials, perform all of the Work, and do all things required by the Contract Documents.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!