Common use of Duty of Independent Judgment Clause in Contracts

Duty of Independent Judgment. In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1) in accordance with the times prescribed in this Agreement or the Project Agreement, as applicable; or (2) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to Service Commencement.

Duty of Independent Judgment. In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1i) in accordance with the times prescribed in this Agreement or the Project Agreement, as applicable; or (2ii) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, that as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to Service Commencement.

Duty of Independent Judgment. ‌ In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1) in accordance with the times prescribed in this Agreement or the Project Agreement, as applicable; or (2) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the a Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to Service Commencement.

Duty of Independent Judgment. In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1) in accordance with the times prescribed in this IC Agreement or the Project Agreement, as applicable; or (2) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to Service Commencement.

Duty of Independent Judgment. ‌ In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1) in accordance with the times prescribed in this Agreement or the Project Agreement, as applicable; or (2) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to Service Commencement.

Duty of Independent Judgment. In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1) in accordance with the times prescribed in this Agreement or the Project Agreement, as applicable; or (2) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the Certificate of ED Opening and the Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to ED Opening or Service Commencement.

Duty of Independent Judgment. In exercising the Functions, the Independent Certifier will act: (a) impartially, honestly and independently; (b) reasonably and professionally; and (c) in a timely manner: (1) in accordance with the times prescribed in this Agreement or the Project Agreement, as applicable; or (2) where no times are prescribed, within five Business Days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Project Agreement. Although the Independent Certifier should take account of any opinions or representations made by the PA Parties, the Independent Certifier will not be bound to comply with any opinions or representations made by either of them in connection with any matter on which the Independent Certifier is required to exercise its professional judgment. The Independent Certifier acknowledges that, as set out under the Project Agreement, the Independent Certifier’s certifications will be final and binding on the PA Parties in respect of the issuance of the Certificate of Service Commencement, and that the Independent Certifier will use its best skill and judgment in providing the Functions and making any certifications. A PA Party may dispute any other decision made by the Independent Certifier, including any list of Deficiencies or list of incomplete Design and Construction that must be completed prior to Service Commencement.