Delay by Board or Design Professional Sample Clauses

Delay by Board or Design Professional. If the CMR is delayed in the progress of the Work by an act or neglect of the Board, Board’s employees, Design Professional or Separate CMRs employed by the Board, or by labor disputes not reasonably anticipated, or by other causes beyond the CMR's control which the Board determines are the fault of the Board or the Design Professional and may justify delay, then the Contract Sum may be adjusted and the Contract Time may be extended by Change Order for such reasonable time as the Board may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the CMR has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the CMR, the CMR's agents or employees did not materially contribute to such causes; and
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Delay by Board or Design Professional. If the CMR is delayed in the progress of the Work by an act or neglect of the Board, Board’s employees, Design Professional or Separate CMRs employed by the Board, or by labor disputes not reasonably anticipated, or by other causes beyond the CMR's control which the Board determines are the fault of the Board or the Design Professional and may justify delay, then the Contract Sum may be adjusted and the Contract Time may be extended by Change Order for such reasonable time as the Board may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the CMR has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the CMR, the CMR's agents or employees did not materially contribute to such causes; and (iv) the CMR shall have notified Board of the cause or causes of such delay within fourteen days from the date on which the CMR first becomes aware of such delay. Extension of time and compensation for compensable delay are to be processed as a Change Order pursuant to Sections 3.4.6 and 3.4.7.
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Related to Delay by Board or Design Professional

  • Note to Design Professional Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date.

  • Design Professional The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional.

  • CONTROL BY BOARD As is the case with respect to the Adviser under the Investment Advisory Agreement, any investment activities undertaken by the Sub-Adviser pursuant to this Agreement, as well as any other activities undertaken by the Sub-Adviser on behalf of the Funds, shall at all times be subject to the direction and control the Trust's Board.

  • Management by Board of Directors (a) The management of the Company is fully reserved to the Members, and the Company shall not have “managers” as that term is used in the Act. The powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of, the Members, who, except as expressly provided otherwise in this Agreement, shall make all decisions and take all actions for the Company. (b) The Members shall have the power and authority to delegate to one or more other persons the Members’ rights and power to manage and control the business and affairs, or any portion thereof, of the Company, including to delegate to agents, officers and employees of a Member or the Company, and to delegate by a management agreement with or otherwise to other Persons. (c) The Members hereby delegate to the Board of Directors of the Company (the “Board”), to the fullest extent permitted under this Agreement and Delaware law and subject to Section 7.1(d), all power and authority related to the Company’s management and control of the business and affairs of the Partnership. (d) Notwithstanding anything herein to the contrary, without obtaining approval of Members representing a Majority Interest, the Company shall not, and shall not take any action to cause the Partnership to, (i) sell all or substantially all of the assets of the Company or the Partnership, (ii) merge or consolidate, (iii) to the fullest extent permitted by Applicable Law, dissolve or liquidate, (iv) make or consent to a general assignment for the benefit of its respective creditors; (v) file or consent to the filing of any bankruptcy, insolvency or reorganization petition for relief under the United States Bankruptcy Code naming the Company or the Partnership, as applicable, or otherwise seek, with respect to the Company or the Partnership, such relief from debtors or protection from creditors generally; or (vi) take various actions similar to those described in any of clauses (i) through (v) of this Section 7.1(d).

  • Independent Directors Those Directors who are not “interested persons” of the Company as such term is defined in the 1940 Act.

  • Control by Board of Trustees Any investment program undertaken by the Advisor pursuant to this Agreement, as well as any other activities undertaken by the Advisor on behalf of the Funds, shall at all times be subject to any directives of the Board of Trustees.

  • ACTION BY BOARD Approved Recommendation(s) Above & Awarded Meeting Date: August 12, 2014

  • Board of Director Approval This Agreement shall have been approved by the Board of Directors of Acquirer.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Professional Engineering and Architect’s Services Professional Engineering and Architect’s Services are not permitted to be provided under this Agreement. Texas statutes prohibit the procurement of Professional Engineering and Architect’s Services through a cooperative agreement.

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