Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars. (ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 44 contracts
Samples: Engineering Procurement and Construction Agreement, Contract Agreement, Construction Contract
Determination by the Authority’s Engineer. (i) 18.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) 18.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 33 contracts
Samples: Draft Contract Agreement, Draft Contract Agreement (Dca), Draft Contract Agreement
Determination by the Authority’s Engineer.
(i) The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 10 contracts
Samples: Engineering Procurement and Construction (Epc) Contract, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Determination by the Authority’s Engineer. (i) 18.5.1 The Authority’s Authority‟s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Authority‟s Engineer. If such agreement is not achieved, the Authority’s Authority‟s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Authority‟s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) 18.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Authority‟s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Authority‟s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 7 contracts
Samples: Engineering, Procurement and Construction Agreement, Epc Agreement, Construction Contract
Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance inaccordance with the Dispute Resolution Procedure.
Appears in 5 contracts
Samples: Construction Contract, Contract Agreement, Construction Contract
Determination by the Authority’s Engineer. (i) 16.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each such agreement or determination, with supporting particulars.
(ii) 16.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution ProcedureProcedure as per article 24.
Appears in 3 contracts
Samples: Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects
Determination by the Authority’s Engineer. (i) 16.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each such agreement or determination, with supporting particulars.
(ii) 16.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction (Epc) Agreement
Determination by the Authority’s Engineer. (i) 17.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each such agreement or determination, with supporting particulars.
(ii) 17.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Determination by the Authority’s Engineer. (i) The Authority’s 's Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s 's Engineer. If such agreement is not achieved, the Authority’s 's Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s 's Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s 's Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s 's Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour endeavor to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 2 contracts
Samples: Construction Contract, Engineering Procurement and Construction Agreement
Determination by the Authority’s Engineer. (i)
18.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) 18.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Construction Contract
Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement reachagreement wherever this Agreement provides for the determination of any matter by the bythe Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall Engineershall make a fair determination in accordance with this Agreement having due regard to regardto all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties theParties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the AuthoritytheAuthority’s Engineer in accordance with the provisions of this Agreement. Provided, ,however, that if any Party disputes any instruction, decision, direction or determination ordetermination of the Authority’s Engineer, the Dispute shall be resolved in accordance inaccordance with the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Draft Contract Agreement
Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour Endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 1 contract
Determination by the Authority’s Engineer. (i) 18.5.1 The Authority’s Engineer shall consult with each Party in an endeavour endeavor to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) 18.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Epc Agreement
Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the bythe Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to regardto all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination o rdetermination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Construction Contract
Determination by the Authority’s Engineer. (i) The Authority’s Engineer shall consult with each Party in an endeavour endeavor to reach an agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall all make a fair determination in accordance with under this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with under the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction direction, or determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with under the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
Determination by the Authority’s Engineer. (i) 18.5.1 The Authority’s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Engineer. If such agreement is not achieved, the Authority’s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Engineer shall give notice to both the Parties of each agreement or determination, with supporting particulars.
(ii) 18.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or directionor determination of the Authority’s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Epc Agreement
Determination by the Authority’s Engineer. (i) 17.5.1 The Authority’s Authority‟s Engineer shall consult with each Party in an endeavour to reach agreement wherever this Agreement provides for the determination of any matter by the Authority’s Authority‟s Engineer. If such agreement is not achieved, the Authority’s Authority‟s Engineer shall make a fair determination in accordance with this Agreement having due regard to all relevant circumstances. The Authority’s Authority‟s Engineer shall give notice to both the Parties of each such agreement or determination, with supporting particulars.
(ii) 17.5.2 Each Party shall give effect to each agreement or determination made by the Authority’s Authority‟s Engineer in accordance with the provisions of this Agreement. Provided, however, that if any Party disputes any instruction, decision, direction or determination of the Authority’s Authority‟s Engineer, the Dispute shall be resolved in accordance with the Dispute Resolution Procedure.
Appears in 1 contract
Samples: Concession Agreement