ENGINEER’S STATUS Sample Clauses

ENGINEER’S STATUS. ~ The Engineer has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The Engineer shall also have the authority to reject all work and materials which do not conform to the contract, to direct the applications of forces to any portion of the work, as is required, and to order the force increased or diminished and to decide questions which arise in the execution of the work.
Sample 1
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ENGINEER’S STATUS. The extent of the Engineer’s duties and responsibilities, the Engineer’s relationship with the Contractor, and the limitations of the Engineer’s authority during the Construction Phase of this Agreement shall be in accordance with the General Conditions contained in the City of Albuquerque Standard Specifications for Public Works Construction and all Supplemental General Conditions thereto, which are in effect on the date of execution of this Agreement or such other or additional General Conditions of the Construction Contract, as specified in Exhibit I, of this Agreement, all of which are incorporated herein as though set forth in full. Such General Conditions and supplements thereto shall not be modified without the Engineer’s written consent to the extent such changes effect the engineering services required by this Agreement.
Sample 1
ENGINEER’S STATUS. The Engineer will perform technical inspection of the work and has authority to stop all work whenever such stoppage may be necessary to insure proper performance of this Agreement. He will also have authority to reject all work and materials which do not conform to this Agreement and to decide questions which arise in the performance of the Work.
Sample 1
ENGINEER’S STATUS. A. Visits to Site 1. County’s Engineer will make visits to the Site at intervals appropriate to the various stages of construction as County’s Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, County’s Engineer, for the benefit of County, will determine in general, if the Work is proceeding in accordance with the Contract Documents. County’s Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. County’s Engineer’s efforts will be directed toward providing for County a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, County’s Engineer will keep County informed of the progress of the Work and will endeavor to guard County against defective Work. B. Authorized Variations in Work 1. County’s Engineer may authorize, in writing as a Field Order, minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
Sample 1
ENGINEER’S STATUS. The Engineers shall be the Owner's representatives during the construction period. The Engineers will make periodic visits to the site to familiarize themselves generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. They will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work and they will not be responsible for the Contractor's failure to carry out the construction work in accordance with the Contract Documents. During such visits and on the basis of their observations while at the site, they will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractor, and they may condemn work as failing to conform to the Contract Documents. They shall have authority to act on behalf of the Owner only to the extent expressly provided in the Contract Documents or otherwise in writing, which shall be shown to the Contractor. They shall have authority to reject the work whenever such rejection may be necessary in their reasonable opinion to insure the proper execution of the Contract. The Engineers shall be, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance. They shall side neither with the Owner nor with the Contractor, but shall use their powers under the Contract to enforce its faithful performance by both. In case of termination of the employment of the Engineers, the Owner shall appoint a capable and reputable Engineer against whom the Contractor makes no reasonable objection, whose status under the Contract shall be that of the former Engineer; any dispute in connection with such appointment shall be subject to arbitration.
Sample 1
ENGINEER’S STATUS. .1 The Engineer shall be the Owner's representative during the construction period and shall observe the Work in progress on behalf of the Owner. .2 He shall have the authority to stop the Work whenever such stoppage may be necessary, in his reasonable opinion, to ensure the proper execution of the Contract. .3 The Engineer is, in the first instance, the sole interpreter of the Contract and the sole judge of the performance thereunder by both parties to the Contract. .4 The Contract shall obey, perform, and comply with the Engineer's orders or instructions with respect to the Work, or concerning the conduct thereof, promptly, efficiently, and to the satisfaction of the Engineer. .5 The contractor shall not enter into any contractual discussion and or contractual changes with the owner without the presence of the engineer. .6 However, should the Contractor hold such orders or instructions to be at variance with the Contract Documents or to involve changes in Work already done, ordered, or underway in excess of the Contract, he shall notify the Engineer accordingly in writing within ten (10) days of the receipt of such orders or instructions and before proceeding to carry them out. .7 Nothing contained in the Contract Documents shall create any contractual relationship between the Engineer and the Contractor.
Sample 1
ENGINEER’S STATUS a. The Engineer, if there is one, shall have general supervision and direction of the work as provided in his Contract with the Owner. He is an agent of the Owner only to the extent provided in the Contract Documents and when in special instances he is authorized by the Owner so to act, and in such instances he shall, upon request, show the Contractor written authority. He has authority to stop the work whenever such stoppage maybe necessary to insure the proper execution of the Contract. b. As the Engineer, if there is one, is in the first instance, the interpreter of the conditions of the Contract and the judge of its performance he shall side neither with the Owner nor with the Contractor, but shall use his powers under the Contract to enforce its faithful performance by both.
Sample 1
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ENGINEER’S STATUS. The Engineer in accordance with his status as an independent Contractor covenants and agrees that he will conduct himself in accordance with such status, that he will neither hold himself out as nor claim to be an officer or employee of Owner by any reason thereof, and, that he will not by reason thereof, make any claims, demands or application or for any right or privilege applicable to an officer of employee for Owner, including, but not limited to worker’s compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credits.
Sample 1

Related to ENGINEER’S STATUS

  • Geotechnical Engineer « »« » « » « » « » « »

  • SITE EXAMINATION Contractor has examined the Site and certifies that it accepts all measurements, specifications and conditions affecting the Work to be performed at the Site. By submitting its quote, Contractor warrants that it has made all Site examination(s) that it deems necessary as to the condition of the Site, its accessibility for materials, workers and utilities, and Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to any other undiscovered condition on the Site.

  • Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code Xxx., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code Xxx., Chapter 1052, a person licensed as a professional engineer pursuant to Tex. Occ. Code Xxx., Chapter 1001 and/or a firm employed by Owner or a design-build contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

  • ENGINEER The individual or entity named as such in this Agreement.

  • Engineering Report Lender shall have received a current Engineering Report with respect to the Property, which report shall be in form and substance reasonably satisfactory to Lender.

  • Engineering Reports (a) Not less than 30 days prior to each Scheduled Borrowing Base Redetermination Date, commencing with the Scheduled Borrowing Base Redetermination to occur on or around March 15, 2007, the Borrower shall furnish to the Administrative Agent and the Lenders a Reserve Report. The Reserve Reports delivered in connection with each March 15 Scheduled Borrowing Base Redetermination, commencing March 15, 2007, shall be prepared by certified independent petroleum engineers or other independent petroleum consultant(s) acceptable to the Administrative Agent. The Reserve Reports delivered in connection with each September 15 Scheduled Borrowing Base Redetermination, commencing September 15, 2007, shall be prepared by or under the supervision of the chief engineer of the Borrower and a Responsible Officer shall certify such Reserve Report to be true and accurate and to have been prepared in accordance with the procedures used in the immediately preceding Scheduled Borrowing Base Redetermination Reserve Report. (b) In the event of an unscheduled redetermination, the Borrower shall furnish to the Administrative Agent and the Lenders a Reserve Report prepared by or under the supervision of the chief engineer of the Obligors together with the certificate of a Responsible Officer who shall certify such Reserve Report to be true and accurate and to have been prepared in accordance with the procedures used in the immediately preceding Reserve Report. For any unscheduled redetermination requested by the Lenders or the Borrower pursuant to Section 2.08(d), the Borrower shall provide such Reserve Report with an “as of” date as required by the Lenders as soon as possible, but in any event no later than 30 days following the receipt of the request by the Administrative Agent. (c) With the delivery of each Reserve Report, the Borrower shall provide, or cause to be provided, to the Administrative Agent and the Lenders, a certificate from a Responsible Officer certifying that, to the best of his knowledge and in all material respects: (i) the information contained in the Reserve Report and any other information delivered in connection therewith is true and correct, (ii) the Obligors and the Partnerships own good and marketable title to the Oil and Gas Properties evaluated in such Reserve Report and such Properties are free of all Liens except for Liens permitted by Section 9.03, (iii) except as set forth on an exhibit to the certificate, on a net basis there are no gas imbalances, take or pay or other prepayments with respect to its Oil and Gas Properties evaluated in such Reserve Report which would require any Obligor to deliver Hydrocarbons produced from such Oil and Gas Properties at some future time without then or thereafter receiving full payment therefor, (iv) none of Obligor’s or and the Partnerships’ Oil and Gas Properties have been sold since the date of the last Borrowing Base determination except as set forth on an exhibit to the certificate, which certificate shall list all of its Oil and Gas Properties sold and in such detail as reasonably required by the Administrative Agent, (v) attached to the certificate is a list of its Oil and Gas Properties added to and deleted from the immediately prior Reserve Report and a list showing any change in working interest or net revenue interest in its Oil and Gas Properties occurring and the reason for such change, (vi) attached to the certificate is a list of all Persons disbursing proceeds to the Obligors from their Oil and Gas Properties, and (vii) all of the Oil and Gas Properties evaluated by such Reserve Report are Mortgaged Property except as set forth on a schedule attached to the certificate.

  • Independent Engineer Contractor shall cooperate with Independent Engineer in the conduct of his or her duties in relation to the Project and the Work, including the duties listed in Attachment CC. No review, approval or disapproval by Independent Engineer shall serve to reduce or limit the liability of Contractor to Owner under this Agreement.

  • Title Examination Within thirty (30) days after Purchaser’s exercise of the Option, Purchaser shall have the right to obtain, at Purchaser’s expense, a current survey of the Property (the “Updated Survey”) and an ALTA Title Commitment for the Property from a title company acceptable to Purchaser (the “Title Company”), setting forth the status of title to the Property, and showing all liens, claims, encumbrances, reservations, restrictions and other matters, if any, relating to the Property (the “Title Commitment”), including legible copies of all encumbrances, restrictive covenants and other documents evidencing exceptions to said Title Commitment (the “Exception Documents”). If the Title Commitment and/or Updated Survey reveals any exception(s) to title to which Purchaser objects (a “Title Objection”) and is(are) not either (i) listed as title exceptions in the title insurance policy and/or survey obtained by Seller in connection with the closing of the Mezzanine Loan and/or (ii) permitted by this Agreement (collectively, the “Permitted Encumbrances”), Purchaser may notify Seller in writing that it would like Seller to cure or remove such Title Objections. Seller shall have the right, but not the obligation (except as set forth below), to remedy or cure any such Title Objection(s) during the twenty (20) day period following Seller’s receipt thereof (the “Cure Period”). Purchaser shall have the continuing right to have such title examination and Title Commitments updated from time to time, and to obtain updates to the Survey, and to give Seller written notice of any Title Objections appearing of record, or otherwise created, after the effective date of the initial Title Commitment and being revealed by any title examination, Survey or investigation of the Property, and Purchaser shall be entitled to object (in the same manner as set forth hereinabove) to matters shown by the updated Title Commitments or updated Survey or investigations. Seller shall have the right, but not the obligation (except as set forth below), to remedy those Title Objections identified by Purchaser to the satisfaction of Purchaser within twenty (20) days after Purchaser’s notice. If any of the Title Objections are not so cured or remedied, or provision satisfactory to Purchaser made therefor, prior to any closing date selected by Purchaser, then Purchaser, at its election, shall have the right and option to either: (a) accept title to the Property subject to said uncured Title Objections that Purchaser elects to accept, and any Title Objection accepted by Purchaser in writing shall become part of the Permitted Encumbrances; or (b) terminate this Agreement by written notice to Seller, in which event, immediately upon receipt of said notice, this Agreement shall terminate, be null and void and of no further force or effect. Notwithstanding the foregoing, Seller, at Seller’s sole cost and expense, shall be obligated to cure or remove at or before Closing all mortgages, deeds of trust, deeds to secure debt, judgments liens, mechanics and materialman’s liens, and other monetary liens against the Property, whether or not Purchaser objects thereto, and Purchaser shall credit the cost to cure, satisfy, release and remove such matters against the Purchase Price provided the same is actually paid by Purchaser or Title Company on Seller’s behalf. In addition, Seller shall not allow any easements, liens, leases, licenses, permits or other encumbrances to be placed on or granted with respect to the Property, nor shall Seller convey any rights in the Property, without the prior written consent of Purchaser, except to the extent expressly permitted, or consented to in writing by Purchaser under the Mezzanine Loan Documents. If any such prohibited easements, liens, leases, licenses, permits or other encumbrances arise after the Effective Date, notwithstanding any other term or provision of this Agreement to the contrary, Seller shall, at its sole cost and expense, cure, satisfy, release and remove such matters prior to Closing; provided, however, that any easements or encumbrances that are taken by eminent domain shall be governed by the terms of Section 5 immediately below.

  • Appointment of Independent Engineer The Authority shall appoint a consulting engineering firm from a panel of 10 (ten) firms or bodies corporate, constituted by the Authority substantially in accordance with the selection criteria set forth in Schedule-P, to be the independent consultant under this Agreement (the “Independent Engineer”). The appointment shall be made no later than 90 (ninety) days from the date of this Agreement and shall be for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-P to be the Independent Engineer for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment.

  • Health Examination The University will provide to each member of the bargaining unit a physical examination at the time of employment. Thereafter, an examination will be provided if required by the appropriate accrediting authority, by the University, or by Statute. Employees returning from medical or disability leave must present a note from the treating physician which indicates the date the employee was able to return to duty and certifying the employee's fitness to return to work full duty. The University may, at its own cost and expense, have a physician of its choosing perform a physical examination of the employee to ensure fitness and capability to return to work.

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