Common use of Duty of Independent Judgment Clause in Contracts

Duty of Independent Judgment. C4.1 In exercising its Certification Services, the Independent Certifier must: (a) act impartially, honestly and independently in representing the interests of both Parties in accordance with the terms of the Design Build Agreement and this Independent Certifier Agreement; (b) act reasonably and professionally; (c) act in a timely manner: (i) in accordance with the times prescribed in this Independent Certifier Agreement and the Design Build Agreement; or (ii) where no times are prescribed, within 10 Calendar Days or such earlier time so as to enable the Parties to perform their respective obligations under the Design Build Agreement; and (d) act in accordance with the joint directions of the Parties provided that the directions are not inconsistent with the other terms of this Independent Certifier Agreement or the terms of the Design Build Agreement and do not vary or prejudice the Independent Certifier’s authority or responsibilities or the exercise by the Independent Certifier of its professional judgment under this Independent Certifier Agreement. C4.2 Although the Independent Certifier may take account of any opinions or representations made by the Parties, the Independent Certifier shall 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. C4.3 The Independent Certifier acknowledges that the Parties may rely on the Certification Services, including determinations, findings and certifications made by the Independent Certifier, and accordingly, the Independent Certifier will use its best skill and judgment in providing the Certification Services.

Duty of Independent Judgment. C4.1 In exercising its Certification Services, the Independent Certifier must: (a) act impartially, honestly and independently in representing the interests of both Parties in accordance with the terms of the Design Build Agreement and this Independent Certifier Agreement; (b) act reasonably and professionally; (c) act in a timely manner: (i) in accordance with the times prescribed in this Independent Certifier Agreement and the Design Build Agreement; or (ii) where no times are prescribed, within 10 Calendar Days or such earlier time so as to enable the Parties to perform their respective obligations under the Design Build Agreement; and (d) act in accordance with the joint directions of the Parties provided that the directions are not inconsistent with the other terms of this Independent Certifier Agreement or the terms of the Design Build Agreement and do not vary or prejudice the Independent Certifier’s authority or responsibilities or the exercise by the Independent Certifier of its professional judgment under this Independent Certifier Agreement. C4.2 . Although the Independent Certifier may take account of any opinions or representations made by the Parties, the Independent Certifier shall 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. C4.3 . The Independent Certifier acknowledges that the Parties may rely on the Certification Services, including determinations, findings and certifications made by the Independent Certifier, and accordingly, the Independent Certifier will use its best skill and judgment in providing the Certification Services.

Duty of Independent Judgment. C4.1 In exercising its Certification Services, the Independent Certifier must: (a) act impartially, honestly and independently in representing the interests of both PA Parties in accordance with the terms of the Design Build Project Agreement and this Independent Certifier Agreement; (b) act reasonably and professionally; (c) act in a timely manner: (i) in accordance with the times prescribed in this Independent Certifier Agreement and the Design Build Project Agreement; or (ii) where no times are prescribed, within 10 Calendar Days days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Design Build Project Agreement; and (d) act in accordance with the joint directions of the PA Parties provided that the directions are not inconsistent with the other terms of this Independent Certifier Agreement or the terms of the Design Build Project Agreement and do not vary or prejudice the Independent Certifier’s authority or responsibilities or the exercise by the Independent Certifier of its professional judgment under this Independent Certifier Agreement. C4.2 Although the Independent Certifier may take account of any opinions or representations made by the PA Parties, the Independent Certifier shall 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. C4.3 The Independent Certifier acknowledges that the PA Parties may rely on the Certification Services, including determinations, findings and certifications made by the Independent Certifier, and accordingly, the Independent Certifier will use its best skill and judgment in providing the Certification Services.

Duty of Independent Judgment. ‌ C4.1 In exercising its Certification Services, the Independent Certifier must: (a) act impartially, honestly and independently in representing the interests of both Parties in accordance with the terms of the Design Build Agreement and this Independent Certifier Agreement; (b) act reasonably and professionally; (c) act in a timely manner: (i) in accordance with the times prescribed in this Independent Certifier Agreement and the Design Build Agreement; or (ii) where no times are prescribed, within 10 Calendar Days or such earlier time so as to enable the Parties to perform their respective obligations under the Design Build Agreement; and (d) act in accordance with the joint directions of the Parties provided that the directions are not inconsistent with the other terms of this Independent Certifier Agreement or the terms of the Design Build Agreement and do not vary or prejudice the Independent Certifier’s authority or responsibilities or the exercise by the Independent Certifier of its professional judgment under this Independent Certifier Agreement. C4.2 Although the Independent Certifier may take account of any opinions or representations made by the Parties, the Independent Certifier shall 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. C4.3 The Independent Certifier acknowledges that the Parties may rely on the Certification Services, including determinations, findings and certifications made by the Independent Certifier, and accordingly, the Independent Certifier will use its best skill and judgment in providing the Certification Services.

Duty of Independent Judgment. C4.1 (a) In exercising its Certification Services, the Independent Certifier must: (ai) act impartially, honestly and independently in representing the interests of both PA Parties in accordance with the terms of the Design Build Project Agreement and this Independent Certifier Agreement; (bii) act reasonably and professionally; (ciii) act in a timely manner: (iA) in accordance with the times prescribed in this Independent Certifier Agreement and the Design Build Project Agreement; or (iiB) where no times are prescribed, within 10 Calendar Days days or such earlier time so as to enable the PA Parties to perform their respective obligations under the Design Build Project Agreement; and (div) act in accordance with the joint directions of the PA Parties provided that the directions are not inconsistent with the other terms of this Independent Certifier Agreement or the terms of the Design Build Project Agreement and do not vary or prejudice the Independent Certifier’s authority or responsibilities or the exercise by the Independent Certifier of its professional judgment under this Independent Certifier Agreement. C4.2 (b) Although the Independent Certifier may take account of any opinions or representations made by the PA Parties, the Independent Certifier shall 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. C4.3 (c) The Independent Certifier acknowledges that the PA Parties may rely on the Certification Services, including determinations, findings and certifications made by the Independent Certifier, and accordingly, the Independent Certifier will use its best skill and judgment in providing the Certification Services.