Developer’s Liability. It is expressly understood and agreed that the Town is not and could not be expected to oversee, supervise and/or direct the implementation of all construction and improvements contemplated in this Agreement. The Town is not responsible for the design of the Project or any way the suitability of the property for Project.
a. The Town Planner or his or her designee may make periodic inspections and has the right to enforce the provisions of this Agreement and Town Regulations.
b. The Developer now has and shall retain the responsibility to properly anticipate, survey, design and construct the Project improvements and give full assurance that same shall not adversely affect the flow of surface water from or upon any property.
c. In providing technical assistance, plan and design review, the Town does not and shall not relieve the Developer from liability, and the Town does not accept any liability from the Developer.
d. The Developer will provide its own Project Engineer and may not rely on the review of Town staff or its engineers with respect to the Project.
e. Neither observations by the Town, nor inspections, tests or approvals by others shall relieve the Developer from its obligation to perform work in accordance with Town Regulations and the terms of this Agreement.
Developer’s Liability. It is expressly understood and agreed that the Town is not and could not be expected to oversee, supervise and/or direct the implementation of all construction and improvements contemplated in this Agreement. The Town is not vested with the original design responsibility or the means to formally survey elevations, capacity, structural integrity, type, adequacy or the locations of improvements at every stage of the construction process.
a. The Development Director or his designee may make periodic inspections and has the right to enforce the provisions of this Agreement and Town Regulations.
b. The Developer now has and shall retain the responsibility to properly anticipate, survey, design and construct the Project improvements and give full assurance that same shall not adversely affect the flow of surface water from or upon any property.
c. In providing technical assistance, plan and design review, the Town does not and shall not relieve the Developer from liability, and the Town does not accept any liability from the Developer.
d. The Developer will provide his own Project Engineer whose duties and responsibilities are stated in the General Conditions of the Town Standard Construction Specifications.
e. Neither observations by the Town, nor inspections, tests or approvals by others shall relieve the Developer from its obligation to perform work in accordance with Town Regulations and the terms of this Agreement.
Developer’s Liability. If Developer fails to comply with any applicable laws, rules, or regulations, and that failure results in a site or worker contamination, Developer will be held solely responsible for all costs involved in any required corrective actions, and shall defend, indemnify, and hold harmless the District, pursuant to the indemnification provisions of the Contract, for all damages and other claims arising therefrom. If lead disturbance is anticipated in the Work, only persons with appropriate accreditation, registrations, licenses, and training shall conduct this Work. It shall be the responsibility of Developer to properly dispose of any and all waste products, including, but not limited to, paint chips, any collected residue, or any other visual material that may occur from the prepping of any painted surface. It will be the responsibility of Developer to provide the proper disposal of any hazardous waste by a certified hazardous waste hauler. This company shall be registered with the Department of Transportation (DOT) and shall be able to issue a current manifest number upon transporting any hazardous material from any school site within the District. Developer shall provide the District with any sample results prior to beginning Work, during the Work, and after the completion of the Work. The District may request to examine, prior to the commencement of the Work, the lead training records of each employee of Developer. DEVELOPER HEREBY ACKNOWLEDGES, UNDER PENALTY OF XXXXXXX, THAT IT:
1. HAS RECEIVED NOTIFICATION OF POTENTIAL LEAD-BASED MATERIALS ON THE OWNER'S PROPERTY;
Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
Developer’s Liability. The Developer, the Developer’s Contracting Team and its Consultants will have no liability for the use and reproduction of such drawings etc for any other purpose than that which was contemplated by such parties at the time they were prepared for and provided to the Developer
Developer’s Liability. THE Developer shall carry out and complete the Works at the Developer’s expense in a good and workmanlike manner and with the proper materials in accordance in all respects with the Specification and the Drawings to the satisfaction of the proper officer within [tem 16 on instruction letter] calendar months from the date hereof THE Part 1 Works shall be completed within [item 17 on instruction letter] calendar months from the date hereof and the Part 2 Works shall be completed within [item 18 on instruction letter] calendar months of the date of issue of the Part 1 Certificate Declaration: THE Developer hereby declares and warrants to the Council that he has and will throughout the duration of this Agreement maintain full right liberty and consent to carry out such works as may be necessary to connect the Road or Roads to a vehicular highway or highways.
Developer’s Liability. Developer, its successors and assigns, shall not be liable to any Lot or owner, their successors and assigns, their families, friends, guests or invitees, for injury or damage occurring because of the condition of any street, easement, right-of-way or other such area in the Subdivision.
Developer’s Liability. The Developer shall carry out the Section 111/278 Works, at his own expense but as agent for the Council, in accordance with the Plans and the Second Specification and to the satisfaction of the Appropriate Officer, within [16 on instruction letter] of the date of this agreement.
Developer’s Liability. 6.1. If the Developer breaches article 4 the Company has the right to impose on the Developer a penalty of up to one hundred thousand (100,000) euros per event.
6.2. The Developer shall compensate the Company in full for any damage caused by the breach by the Developer of its obligations under this Agreement, including any damage caused by third parties who may receive access to the ABBYY SDK as a result of the Developer’s breach.
6.3. If the Developer breaches article 3, the Company has the right to impose on the Developer a penalty of four thousand five hundred (4,500) euros per event.
6.4. The penalties in accordance with articles 6.1 and 6.3 of this Agreement shall be without prejudice to the Company’s rights and remedies under the Agreement and/or the applicable law such as the Company’s right to demand specific performance or compensation for damages if the damages incurred exceed the amount of the penalty.
6.5. The Company’s notice to pay penalties in accordance with articles 6.1 - 6.3 of this Agreement should be in writing by registered mail. In case of absence of duly completed written notice, the Developer shall not be liable to pay such penalties to the Company.
6.6. The Developer shall pay penalties imposed by the Company in accordance with articles 6.1 - 6.3 of this Agreement within thirty (30) days upon receipt of written notice from the Company.
Developer’s Liability. (1) THE Developer shall carry out and complete the works at the Developer's expense in a good and workmanlike manner and with proper materials in accordance in all respects with the Specification and the Drawings to the satisfaction of the proper officer within [ ]calendar months from the date hereof
(2) THE Part 1 works shall be completed within [ ] calendar months from the date hereof and the Part 2 works shall be completed within [ ]calendar months of the date of issue of the Part 1 Completion Certificate and in the event that the works herein referred to shall not be completed within the time periods specified in this sub clause the Council may execute the works in default under clause 17 of this Agreement
(3) THE Developer shall give to the Council at least three working days written notice before commencing any of the works or recommencing after any break exceeding five working days
(4) THE Developer shall not store any materials other than those to be used in the works on any of the roads
(5) THE Developer shall not construct any highway structure including any retaining wall without obtaining prior written authority of the Council
