Delivery Phase Agreement and Delivery Phase Approval Sample Clauses

Delivery Phase Agreement and Delivery Phase Approval. The Commonwealth must: if Delivery Phase Agreement is achieved, issue a written notice to the Consultant stating the date upon which Delivery Phase Agreement was achieved; if Delivery Phase Agreement has not been achieved (whether because of the circumstances referred to in clause 8.3(e) or 8.4(c) or otherwise), issue a written notice so advising the Consultant; and: stating that clause 8.6(d) does not apply; or stating the date from which and to the extent to which clause 8.6(d) is to apply; after a notice has been issued under subparagraph (i): if Delivery Phase Approval is obtained, issue a written notice to the Consultant stating the date upon which Delivery Phase Approval was obtained; and if Delivery Phase Approval has not been obtained, issue a written notice so advising the Consultant. If the Commonwealth issues a notice under clause 8.5(a)(ii)B or 8.5(a)(iii)B, then the parties must comply with their respective obligations in accordance with the Contract, subject to clause 8.4(b)(ii). The Consultant acknowledges that: it will have no entitlement to perform the Services for the Delivery Phase unless the Commonwealth issues a notice under clause 8.5(a)(ii)B or 8.5(a)(iii)B; and without limiting clause 8.2, the splitting of the Services as between the Planning Phase and the Delivery Phase is solely for the benefit of the Commonwealth, to enable the Commonwealth to ascertain whether it will maximise value for money for the Commonwealth and otherwise further the considerations referred to in clause 8.3(b)(vi) in engaging the Consultant to perform the Services for the Delivery Phase and the rights and obligations of the parties and the functions of the Commonwealth's Representative are to be construed accordingly. The Commonwealth may at any time and from time to time, by written notice to the Consultant unilaterally extend the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval. Neither an extension of the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval under paragraph (d), nor the issue of a notice under paragraph (a)(ii) or (a)(iii)B, will: limit or affect the Consultant's obligations or liabilities under this Contract or prejudice the right of the Commonwealth to exercise any right or remedy (including recovery of damages, whether while electing to keep the Contract on foot or after termination) which it may have where the Consultant breaches the Contract, whether under the Contract or otherwise accord...
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Delivery Phase Agreement and Delivery Phase Approval. The Commonwealth must: if Delivery Phase Agreement is achieved, issue a written notice to the Consultant stating the date upon which Delivery Phase Agreement was achieved; if Delivery Phase Agreement has not been achieved (whether because of the circumstances referred to in clause 27.3(e) or 27.4(c) or otherwise), issue a written notice so advising the Consultant; and: stating that clause 27.6(d) does not apply; or
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Delivery Phase Agreement and Delivery Phase Approval. (a) The Commonwealth must:
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Related to Delivery Phase Agreement and Delivery Phase Approval

  • Required Acceptance of Daily Load Deliveries and Notification If the State is harmed by purchaser’s refusal to accept up to 10 truck deliveries of any one sort per day, Purchaser will be in breach of contract and subject to damages as per the D-026.2 and D-027.2 clauses. A truck delivery is all the wood delivered including sorts on super trucks, mule trains and pups brought to the delivery point by a single truck. The Purchaser shall notify the Contract Administrator at least 48 hours in advance if:

  • Project Delivery Contractor shall construct the Project in accordance with the Contract Documents, and Contractor shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time.

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • DELIVERY PRESSURE Xxxxxx agrees to use due care and diligence to furnish gas hereunder at such uniform pressure as Seller may elect up to, but not exceeding 20 pounds per square inch gauge, and not less than 5 pounds per square inch gauge, at the "Point of Delivery". Buyer shall be responsible for the installation and operation of adequate safety equipment downstream of the Point of Delivery so as to relieve or control pressure variations within the limits described above that may, for any reason through malfunction of Seller's equipment or otherwise, occur on Buyer's side of the "Delivery Point".

  • Construction Documents Phase Services 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • Delivery Schedule The scheduled months of delivery of the Aircraft are listed in the attached Table 1. Exhibit B describes certain responsibilities for both Customer and Boeing in order to accomplish the delivery of the Aircraft.

  • Project Completion Report At the completion of construction and once a Project is placed in service, the Subrecipient must submit a Project Completion Report that includes the total number of units built and leased, affordable units built and leased, DR-MHP units built and leased, an accomplishment narrative, and the tenants names, demographics and income for each DR-MHP unit.

  • DELIVERY SCHEDULES In accordance with the "Non-State Agencies Participation in Centralized Contracts” and “Extension of Use” clauses herein, this Contract is extended to local governments, political subdivisions and others authorized by law as well as State agencies. The Delivery Schedules (based on Requirement Letter RL182) are available as a guide to indicate proposed delivery points and estimated annual requirements. Delivery Schedules may be revised or clarified as necessary. Any specific questions regarding the site conditions should be directed to the end-user at the telephone number shown on the Delivery Schedule. The Delivery Schedules are available upon request. Contractors shall be obligated to deliver under the Contract to any State agency which places a purchase order under the Contract, whether or not such delivery location is identified in the Delivery Schedules. Any political subdivision or other non-State entity which has not filed a requirement with OGS as of the date of the bid opening shall be eligible to receive deliveries at Contractor's option only, upon placement of a valid purchase order to the Contractor's address as indicated in the award. Contracts created by OGS in response to receipt of Filed Requirements are considered to be binding. At Contractor's request, Contractor will be advised in writing regarding political subdivisions or other Non-State entities which have filed on a timely basis but do not appear on the Delivery Schedule. Where “Standby” is indicated in the Delivery Schedule, this reflects those facilities which normally use a fuel supply (i.e. natural gas) other than fuel oil and will only use fuel oil when alternate fuel is unavailable.

  • Construction Phase Fee Contractor’s Construction Phase Fee is the maximum amount payable to Contractor for any cost or profit expectation incurred in the performance of the Work that is not specifically identified as being eligible for reimbursement by Owner elsewhere in this Agreement. References in the UGSC to Contractor’s “overhead” and “profit” mean Contractor’s Construction Phase Fee. The Construction Phase Fee includes, but is not limited to, the following items:

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