DESIGN-BUILDER’S ROLE Sample Clauses

DESIGN-BUILDER’S ROLE. ‌ (a) As Design-Builder has contracted to provide services under contract with the City, Design-Builder is deemed by the FOIP Act to be the City’s employee and any Project Records held by Design-Builder or its subsidiaries are deemed to be within the City’s custody and control and subject to the FOIP Act. (b) Design-Builder agrees to manage Project Records in accordance with the requirements of the FOIP Act, and, without limitation, Design-Builder shall: (i) ensure the security of any record containing personal information within its custody or control; (ii) retain and be able to produce Project Records, unless they are destroyed in accordance with a records retention and destruction schedule agreed to by the City; (iii) meet the FOIP Act’s requirements for the collection, use, or disclosure of any record containing personal information; (iv) prohibit the disclosure of third party business information if it meets the requirements for non-disclosure under the FOIP Act; and (v) cooperate with the City’s FOIP head (the City Manager) or delegate to ensure that the City is able to perform its duties and functions under the FOIP Act, regardless of the physical location of Project Records. (c) If the City receives a request for Project Records that are within Design-Builder’s custody or control, Design-Builder shall provide to the City such Project Records as are requested by the City within 5 Business Days of receipt of a written request from the City, in order to provide for sufficient time for the City to meet its statutory obligations and timelines for redacting and disclosing records or engaging third parties as required by the FOIP Act. The provisions of Sections 16.3 [Confidential Information] and 16.4 [Disclosure of Confidential Information] of the Agreement shall apply to any Confidential Information contained in such Project Records. Design-Builder may make representations to the City‌ if it considers that any such Project Records contain business or other information that meets the requirements for non-disclosure under the FOIP Act. (d) Design-Builder may not disclose Project Records that are within Design-Builder’s custody or control to third parties without the City’s express written consent, except as provided in this Schedule 18 [Freedom of Information and Protection of Privacy], or as otherwise required to comply with a subpoena, warrant or order made by a court, person or body having jurisdiction in Alberta to compel production of information, or...
Sample 1
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DESIGN-BUILDER’S ROLE. 2.2.1.1 Prior to the issuance of the NTP, Design/Builder may, at its sole option and at its risk, carry out certain financing-related activities, including assisting and cooperating with the Alamo RMA, as it may request, in connection with the closing of the Project financing, including Bond financing and applications for State and federal assistance. 2.2.1.2 From the issuance of the NTP through Project Final Acceptance, Design/Builder shall complete and manage the Development Work at a fixed price (with certain limited exceptions thereto set forth in Section 14 of this Agreement) in a manner satisfactory to the Alamo RMA and in accordance with the Project Schedule, including: (a) Preparing or causing to be prepared all plans and specifications in accordance with TxDOT and FHWA approvals and other Governmental Approvals, applicable Law, this Agreement and the other Contract Documents, and any amendments thereto; the Contract Documents; (b) Acquiring any required Design/Builder Designated ROW;
Sample 1

Related to DESIGN-BUILDER’S ROLE

  • Construction Completion The related Construction shall have been completed substantially in accordance with the related Plans and Specifications, the related Deed and all Applicable Laws, and such Leased Property shall be ready for occupancy and operation. All fixtures, equipment and other property contemplated under the Plans and Specifications to be incorporated into or installed in such Leased Property shall have been substantially incorporated or installed, free and clear of all Liens except for Permitted Liens.

  • Construction Services 4,500 thousand SDR for Japan Post in Group A 15,000 thousand SDR for all other entities in Group A 4,500 thousand SDR for entities in Group B Architectural, engineering and other technical services covered by this Agreement: 450 thousand SDR

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • Design Services The Engineer shall perform services during the schematic design phase, the design development phase, the contract documents phase, and the bidding period as hereinafter specified.

  • Construction Work The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

  • Network Interconnection Architecture Each Party will plan, design, construct and maintain the facilities within their respective systems as are necessary and proper for the provision of traffic covered by this Agreement. These facilities include but are not limited to, a sufficient number of trunks to the point of interconnection with the tandem company, and sufficient interoffice and interexchange facilities and trunks between its own central offices to adequately handle traffic between all central offices within the service areas at a P.01 grade of service or better. The provisioning and engineering of such services and facilities will comply with generally accepted industry methods and practices, and will observe the rules and regulations of the lawfully established tariffs applicable to the services provided.

  • Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code Xxx., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code Xxx., Chapter 1052, a person licensed as a professional engineer pursuant to Tex. Occ. Code Xxx., Chapter 1001 and/or a firm employed by Owner or a design-build contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

  • Tenant Improvements Landlord shall cause the Core and Shell Contractor or another Contractor designated by Landlord and approved by Tenant, such consent not to be unreasonably withheld or delayed (“TI Contractor”, and together with Core and Shell Contractor, “Contractor”) to commence and thereafter diligently prosecute the construction of the tenant improvements in the Premises pursuant to the Work Letter (the “Tenant Improvements”); provided, however, that before performing the Tenant Improvements, Landlord shall prepare in good faith an estimated budget for the construction of the Tenant Improvements and deliver such budget to Tenant for Tenant’s written approval prior the start of construction (the “Budget”). Landlord and Tenant shall work together cooperatively and in good faith to achieve a mutually acceptable Budget. Landlord shall update the Budget for Tenant’s review and approval at reasonable intervals and shall notify Tenant in writing if the Budget is likely to be exceeded. If there is an indication that the Budget is likely to be exceeded, Landlord and Tenant shall work together cooperatively, if required by Tenant, to modify the scope of the Tenant Improvements to bring the same in line with a budget reasonably acceptable to Tenant. The Tenant Improvements shall be performed in a workmanlike manner and shall substantially conform with Applicable Laws and the Approved TI Plans (as defined in the Work Letter). Tenant shall pay all TI Costs, except that Landlord shall pay for TI Costs that do not exceed the TI Allowance. The “TI Allowance” shall mean (a) One Hundred Twenty Five Dollars ($125.00) per rentable square foot of the Premises (the “Initial TI Allowance”), together with (b) the Additional Allowance. The “TI Costs” shall mean all Tenant Core and Shell Costs (as defined in the Work Letter) and all costs and expenses of performing the TI Work, including without limitation the hard and soft costs of (i) construction, (ii) the Construction Management Fee (as such term is defined in the Work Letter) and any Project or construction management fees paid by Tenant to an unaffiliated third party (such fees not to exceed three percent (3%) of the TI Allowance), (iii) space planning, design, architect, engineering, data and phone cabling and other related services, (iv) costs and expenses for labor, material, equipment, data and phone cabling and fixtures (including, without limitation, any of the Attached Property (as defined in Section 18.5), (v) building permits and other taxes, fees, charges and levies by governmental and quasi-governmental agencies for permits or for inspections of the Tenant Improvements, and (vi) the Warm Shell Costs. In no event shall the TI Allowance be used for: (w) the purchase of any furniture, personal property or other non-building system equipment, (x) costs resulting from a Tenant Delay, (y) costs resulting from any default by Tenant of its obligations under this Lease, or (z) costs that are recoverable or reasonably recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). In the event the estimated total TI Costs (as set forth in the Budget) exceed the TI Allowance, Tenant shall deposit with Landlord such overage (the “TI Allowance Excess”), within five (5) business days of receiving the Budget (the “TI Deposit”). In the event Landlord determines the estimate of the TI Costs set forth in the Budget underestimates the amount of TI Costs so that the TI Deposit will not be sufficient to cover the TI Allowance Excess, then Landlord shall communicate the same to Tenant and, if required by Tenant, the parties shall discuss revisions to the Budget and Tenant may make a TI Tenant Change Order Request to reduce TI Costs, and unless the TI Costs are reduced to be within the Budget and previously paid TI Deposit, Tenant shall promptly pay the additional amount to Landlord, and such additional amount shall be added to the TI Deposit. If the sum of the TI Allowance plus the TI Deposit is not sufficient to cover the TI Costs, Tenant shall reimburse Landlord the difference between (a) the TI Costs and (b) the sum of the TI Allowance and the TI Deposit. However, Landlord shall be solely responsible for any costs related to the Tenant Improvements to the extent the same result from Landlord’s gross negligence, intentional misconduct or breach of Lease. Landlord and Tenant shall work together cooperatively at no cost or risk to Landlord to maximize Tenant’s ability, to the extent reasonably possible, to obtain the benefit of any applicable research and development tax credits with respect to the Tenant Improvements.

  • Construction Manager The individual, partnership, corporation, joint venture, or any combination thereof, or its authorized representative, named as such by the District. If no Construction Manager is used on the Project that is the subject of this Contract, then all references to Construction Manager herein shall be read to refer to District.

  • Notice to Proceed - Site Improvements The Recipient shall not commence, or cause to be commenced, any site improvements or other work on the Land until the Director has issued a Notice to Proceed to the Recipient. Such Notice to Proceed will not be issued until the Director is assured that the Recipient has complied with all requirements for the approval of a grant under Revised Code Sections 164.20 through 164.27 and has completed any land acquisition required by the Project. A Notice to Proceed shall be required for all Project prime contractors or direct procurement initiated by the Recipient following execution of this Agreement.

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