Disputed Certificate Sample Clauses

Disputed Certificate. 13.4.1 If there is any Dispute as to the decision of the Independent Certifier to issue or not to issue a Substantial Completion Certificate or Final Completion Certificate in accordance with the terms of Section 13.1 [Substantial Completion Certificates] or Section 13.2 [Final Completion Certificates], respectively, then either the Province's Representative or the Concessionaire may refer such Dispute for resolution under the Disputes Resolution Procedure. 13.4.2 Notwithstanding any other provision in this Agreement or Schedule 16 [Disputes Resolution Procedure], if the Independent Certifier has issued a Substantial Completion Certificate or Final Completion Certificate and the Province's Representative has referred a Dispute in respect thereof for resolution under the Disputes Resolution Procedure pursuant to Section 13.4.1, then for all purposes of this Agreement the Substantial Completion Certificate or Final Completion Certificate, as the case may be, will be deemed not to have been issued unless it is determined in accordance with the Disputes Resolution Procedure that it was properly issued by the Independent Certifier in accordance with the terms of Section 13.1 [Substantial Completion Certificates] or Section 13.2 [Final Completion Certificates], as applicable.
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Disputed Certificate. A Certificate of Final Completion issued by the City will be final, provided, however, that Design-Builder shall be entitled to refer to the Dispute Resolution Procedure a refusal of the City to issue a Certificate of Final Completion.
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Disputed Certificate. 13.4.1 If there is any Dispute as to the decision of the Independent Certifier to issue or not to issue a Substantial Completion Certificate or Completion Certificate in accordance with the terms of Section 13.1 [Substantial Completion Certificate] or Section 13.2 [Completion Certificate], respectively, then either the Province’s Representative or the Concessionaire may refer such Dispute for resolution under the Disputes Resolution Procedure. 13.4.2 Notwithstanding any other provision in this Agreement or Schedule 16 [Disputes Resolution Procedure], if the Independent Certifier has issued the Substantial Completion Certificate or Completion Certificate and the Province's Representative has referred a Dispute in respect thereof for resolution under the Disputes Resolution Procedure pursuant to Section 13.4.1, then for all purposes of this Agreement the Substantial Completion Certificate or Completion Certificate, as the case may be, will be deemed to have been issued unless it is determined in accordance with the Disputes Resolution Procedure that it was not properly issued by the Independent Certifier in accordance with the terms of Section 13.1 [Substantial Completion Certificate] or Section 13.2 [Completion Certificate], as applicable. 13.4.3 If the Substantial Completion Certificate is determined in accordance with the Disputes Resolution Procedure not to have been properly issued on the grounds that the Concession Highway was not safe for public use or the cost of completing the required rectification actions is more than ten per cent of the costs incurred by the Concessionaire under the Design-Build Contract up to the date of such determination pursuant to the Disputes Resolution Procedure, the Province may withhold the Performance Payments until such time as the required rectification actions have been fully completed and will thereafter forthwith forward the withheld Performance Payments to the Concessionaire.
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Disputed Certificate. A Certificate of Service Readiness issued by the City will be final, provided, however, Design-Builder shall be entitled to refer to the Dispute Resolution Procedure a refusal of the City to issue a Certificate of Service Readiness.
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Related to Disputed Certificate

  • Restated Certificate The Company shall have filed the Restated Certificate with the Secretary of State of Delaware on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.

  • Closing Certificate; Certified Certificate of Incorporation; Good Standing Certificates The Administrative Agent shall have received (i) a certificate of each Loan Party, dated the Closing Date, substantially in the form of Exhibit C, with appropriate insertions and attachments, including the certificate of incorporation of each Loan Party that is a corporation certified by the relevant authority of the jurisdiction of organization of such Loan Party, and (ii) a long form good standing certificate for each Loan Party from its jurisdiction of organization.

  • Required Certification Contractor must include with any request for reimbursement from the JBE a certification that Contractor is not seeking reimbursement for costs incurred to assist, promote, or deter union organizing. If Contractor incurs costs or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from the JBE was sought for these costs, and Contractor will provide those records to the Attorney General upon request.

  • Closing Certificates; Certified Certificate of Incorporation; Good Standing Certificates The Administrative Agent shall have received (i) a certificate of each Loan Party, dated the Effective Date and executed by its Secretary or Assistant Secretary, which shall (A) certify the resolutions of its Board of Directors, members or other body authorizing the execution, delivery and performance of the Loan Documents to which it is a party, (B) identify by name and title and bear the signatures of the Financial Officers and any other officers of such Loan Party authorized to sign the Loan Documents to which it is a party, and (C) contain appropriate attachments, including the certificate or articles of incorporation or organization of each Loan Party certified by the relevant authority of the jurisdiction of organization of such Loan Party and a true and correct copy of its by-laws or operating, management or partnership agreement, and (ii) a long form good standing certificate for each Loan Party from its jurisdiction of organization.

  • Certificate Forms SECTION 2.1 Forms of Certificates Generally............................................................ 18 SECTION 2.2 Form of Agent's Certificate of Authentication.............................................. 19

  • Lost, Stolen or Destroyed Certificates In the event that any Certificates shall have been lost, stolen or destroyed, the Paying Agent shall issue in exchange for such lost, stolen or destroyed Certificates, upon the making of an affidavit of that fact by the holder thereof, the Merger Consideration payable in respect thereof pursuant to Section 2.1 hereof; provided, however, that Parent may, in its discretion and as a condition precedent to the payment of such Merger Consideration, require the owners of such lost, stolen or destroyed Certificates to deliver a bond in such sum as it may reasonably direct as indemnity against any claim that may be made against Parent, the Surviving Corporation or the Paying Agent with respect to the Certificates alleged to have been lost, stolen or destroyed.

  • Lost or Destroyed Certificates In case of the alleged loss or destruction of any shareholder certificate, no new certificate shall be issued in lieu thereof, unless there shall first be furnished to CMS an affidavit of loss or non-receipt by the holder of shares with respect to which a certificate has been lost or destroyed, supported by an appropriate bond satisfactory to CMS and the Trust issued by a surety company satisfactory to CMS.

  • Certificate No 1-A-1-[_] Cut-off Date: October 1, 2004 First Distribution Date: November 25, 2004 Last Scheduled Distribution Date: October 25, 2034 Pass-Through Rate: Variable in accordance with the Agreement Initial Certificate Principal Balance of this Certificate $[ ] ("Denomination"): Initial Certificate Principal Balances of all Certificates $70,640,000 of this Class: CUSIP: 576434 WV 2 ISIN: US576434WV28 MORTGAGE ASSET SECURITIZATION TRANSACTIONS, INC. MASTR ALTERNATIVE LOAN TRUST 2004-11 Mortgage Pass-Through Certificates, Series 2004-11 Class 1-A-1 evidencing a percentage interest in the distributions allocable to the Certificates of the above-referenced Class with respect to a Trust Fund consisting primarily of conventional mortgage loans (the "Mortgage Loans") secured by first liens on one- to four-family residential properties Mortgage Asset Securitization Transactions, Inc., as Depositor Principal in respect of this Certificate is distributable monthly as set forth herein. Accordingly, the Certificate Principal Balance at any time may be less than the Certificate Principal Balance as set forth herein. This Certificate does not evidence an obligation of, or an interest in, and is not guaranteed by the Depositor, the Servicer, the Trust Administrator, the Trustee or the Custodians referred to below or any of their respective affiliates. Neither this Certificate nor the Mortgage Loans are guaranteed or insured by any governmental agency or instrumentality. This certifies that [_______] is the registered owner of the Percentage Interest evidenced by this Certificate in certain monthly distributions with respect to a Trust Fund consisting primarily of the Mortgage Loans deposited by Mortgage Asset Securitization Transactions, Inc. (the "Depositor"). The Trust Fund was created pursuant to a Pooling and Servicing Agreement dated as of the Cut-off Date specified above (the "Agreement") among the Depositor, UBS Real Estate Securities Inc., as transferor (the "Transferor"), Wells Fargo Bank, National Association, as master servicer (in such capxxxxx, the "Servicer"), trust administrator (in such capacity, the "Trust Administrator") and a custodian, U.S. Bank National Association, as a custodian and as trustee (the "Trustee"). Distributions on this Certificate will be made primarily from collections on the applicable Mortgage Loans pursuant to the terms of the Agreement. To the extent not defined herein, the capitalized terms used herein have the meanings assigned in the Agreement. This Certificate is issued under and is subject to the terms, provisions and conditions of the Agreement, to which Agreement the Holder of this Certificate by virtue of the acceptance hereof assents and by which such Holder is bound. Reference is hereby made to the further provisions of this Certificate set forth on the reverse hereof, which further provisions shall for all purposes have the same effect as if set forth at this place. This Certificate shall not be entitled to any benefit under the Agreement or be valid for any purpose unless manually countersigned by an authorized signatory of the Trust Administrator.

  • CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after the receipt of the Contractor's completed Application for Payment, either issue a Certificate for Payment to the State, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing his or her reasons for withholding a Certificate as provided in Subparagraph 9.6.1

  • Required Certifications A bidder who makes a false certification on the Bidder Certification of the Prequalification Classification and Work Capacity Form will be subject to forfeiture of his bid bond and/or disqualification from bidding on future work for a 90 day period, or both. The Contracting Officer will determine the imposition and the extent of such sanctions. A sworn statement shall be executed by the bidder or his agent on behalf of each person, firm, association, or corporation submitting a bid. The statement shall certify that the person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action to restrain free competitive bidding in connection with the proposal. The sworn statement shall be part of the bid or in the form of an affidavit and shall be sworn to before a person who is authorized by the laws of the State to administer oaths. The bids shall contain the identical sworn statement. For the purpose of this Section, affixing digital ID to the bid will be considered by the Department conditional evidence of signing before a person who is authorized by the laws of the Commonwealth to administer oaths. The original of the sworn statement shall be filed with the Department when the bid is submitted.

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