Extraordinary Measures Sample Clauses

Extraordinary Measures. In the event Owner determines that the performance of the Services has not progressed or reached the level of completion required by the accepted Schedule and does not constitute an Excusable Delay, the Owner shall have the right to order the Engineer to implement corrective measures within ten (10) calendar days of Owner’s written demand, to expedite the progress of Services, including, without limitation, (1) working overtime, (2) supplying additional personnel or Consultants for the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Services complies with the stage of completion required by the Schedule. The Engineer shall not be entitled to an adjustment in compensation in connection with the Extraordinary Measures required by the Owner pursuant to this Section. The Owner may exercise the rights furnished the Owner pursuant to this Section as frequently as the Owner deems necessary to ensure that the Engineer’s performance of Services will comply with the Schedule. If the Engineer fails to implement or commence Extraordinary Measures within ten (10) calendar days of Owner’s written demand, Owner shall have the right to terminate the Engineer for cause.
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Extraordinary Measures. Measures implemented by Design-Builder at City's direction to expedite the progress of design or construction of all or a portion of the Work, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment, and facilities, and (iii) submitting a recovery schedule for resequencing performance of the Work or other similar measures, as more specifically described in Paragraph 2.8.
Sample 1Sample 2
Extraordinary Measures. Measures implemented by Contractor at Owner’s direction to expedite the progress of construction of all or a portion of the Work for a Project, including, without limitation, (i) expediting material shipping, (ii) working additional shifts or overtime, (iii) supplying additional labor, equipment, and facilities and (iv) submitting a recovery schedule for re-sequencing performance of the Work for such Project or other similar measures, as more specifically described in Article GC-2.8 below.
Sample 1
Extraordinary Measures. 8.1.1 In the event the City determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Design-Builder to take corrective measures necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional manpower, equipment, and facilities and, (3) submitting a Recovery Schedule for re-sequencing performance of the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Design-Builder's compliance with the Project Schedule. 1. The Design-Builder shall be entitled to an adjustment in the Contract Sum in connection with the Extraordinary Measures required by the City under or pursuant to this Section. 2. The City may exercise the rights herewith or pursuant to this Section as frequently as the City deems necessary to ensure that the Design-Builder's performance of the Work will comply with the Contract Time, any Milestone Date, or completion date set forth in the Contract Documents. 8.1.2 If the Design-Builder's Project Schedule shows completion of the Work in advance of the Contract completion date, the Design-Builder agrees that in the event actual completion occurs, for any reason, after the completion date specified in the Design-Builder's Project Schedule but within the Contract completion date, the Design-Builder shall not be entitled to and waives any claim against the City for delay, disruption or impact costs or damages including, without limitation, claims for extended general conditions, home-office overhead, job-site overhead and management or administrative costs.
Sample 1
Extraordinary Measures. If Owner determines that the performance of the Services under a Service Order has not progressed or reached the level of completion required by the accepted Schedule for the Project to which such Service Order pertains, then Owner shall have the right to order Architect to implement corrective measures within ten
Sample 1
Extraordinary Measures. 3.6.1 If the progress of the Work falls behind that required by the Milestone Schedule (as revised to reflect any Excused Delay) in any material way, if requested by Owner, Contractor shall work additional shifts or overtime, supply additional manpower or equipment, or take other similar measures, as specified by Owner, and shall continue such measures until the progress of the Work has reached the stage then required by the Milestone Schedule (as revised to reflect any Excused Delay). Contractor shall not be entitled to an increase in the Contract Sum on account of such measures. 3.6.2 Owner may further direct that Contractor take the measures described in Section 3.6.1 above to make up time lost to Excused Delay, in which event Owner’s directive shall be a Change Directive to the extent of the additional work necessary to recover the time lost to the Excused Delay, Contractor shall perform the requested work in accordance with Section 5.1, and the Contract Sum shall be adjusted as provided in Sections 5.1 and 5.4; provided, however, that only the incremental costs of such acceleration incurred in excess of those costs necessary to bring the progress of the Work into conformance with the Milestone Schedule (as adjusted for Excused Delay) shall be included in any increase to the Contract Sum. Alternatively, Owner may at its option submit a Proposed Change for such work in accordance with Section 5.2. 3.6.3 Contractor shall, within five (5) calendar days after Owner’s written request, provide Owner a recovery schedule setting forth in complete detail the acceleration of the Work in accordance with the provisions of this Section 3.6.
Sample 1
Extraordinary Measures. In the event Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, Owner shall have the right to order Contractor to take corrective measures necessary to expedite the progress of construction, including (a) working additional shifts or overtime, (b) supplying additional manpower, equipment and facilities, and (c) other similar measures (collectively, “Extraordinary Measures”). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring Contractor’s compliance with the Milestone Schedule. Contractor shall not be entitled to an adjustment of the Contract Sum in connection with Extraordinary Measures required by Owner under or pursuant to this Paragraph 2.5, unless such Extraordinary Measures are ordered by Owner as a result of a delay for which Contractor is entitled to an extension of the Contract Time under Paragraph 5.6. Owner may exercise the rights furnished Owner under or pursuant to this Paragraph 2.5 as frequently as Owner deems necessary to ensure that Contractor’s performance of the Work will comply with any Milestone Dates or completion deadlines set forth in the Contract Documents.
Sample 1
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Extraordinary Measures. In the event City determines that the performance of the Work has not progressed or reached the level of completion required by the Contract Documents, City shall have the right to order Design-Builder to take corrective measures necessary to expedite the progress of construction, including, without limitation, the Extraordinary Measures as provided in Paragraph 2.9 herein.
Sample 1
Extraordinary Measures. In the event the County determines that the performance of the Work has not progressed or reached the level of completion required by the Contract Documents, the County shall have the right to order the Design-Builder to take corrective measures necessary to expedite the progress of construction, including, without limitation, the Extraordinary Measures as provided in Paragraph 2.8 herein.
Sample 1

Related to Extraordinary Measures

  • General Measures (a) Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and child health nurse or Lawyer. A signed statutory declaration can also be offered as evidence. (b) All personal information concerning family violence will be kept confidential in line with the Employer’s policies and relevant legislation. No information will be kept on an Employee’s personnel file without their express written permission. (c) No adverse action will be taken against an Employee if their attendance or performance at work suffers as a result of experiencing family violence. (d) The Employer will identify contact/s within the workplace who will be trained in family violence and associated privacy issues. The Employer will advertise the name of any Family Violence contacts within the workplace. (e) An Employee experiencing family violence may raise the issue with their immediate supervisor, Family Violence contacts, union delegate or nominated Human Resources contact. The immediate supervisor may seek advice from Human Resources if the Employee chooses not to see the Human Resources or Family Violence contact. (f) Where requested by an Employee, the Human Resources contact will liaise with the Employee’s manager on the Employee’s behalf, and will make a recommendation on the most appropriate form of support to provide in accordance with clause 64.5 and clause 64.6. (g) The Employer will develop guidelines to supplement this clause and which details the appropriate action to be taken in the event that an Employee reports family violence.

  • Emergency Measures Additional measures and/or other special requirements necessary during periods of critical fire-weather conditions shall be included in the fire prevention and presuppression plan.

  • Disciplinary Measures ‌ 21.01 Any disciplinary measure must be the subject of a written notice addressed to the employee concerned and stating the reasons for the measure. Such notice must be sent simultaneously to the Union. Only those disciplinary measures of which the employee and the Union have been informed in writing can be used as evidence in arbitration and can appear in the employee's personal file. 21.02 The Union may, in the case of any employee who is dismissed, suspended, demoted or given a written warning, file a grievance and, if necessary, submit the case to arbitration, except however in the case of an employee who is dismissed during his/her probation period. 21.03 In all cases of disciplinary measures, the University has the burden of proving that the disciplinary measure was imposed for just and sufficient cause. The arbitrator may confirm or reject the disciplinary measure, or render any other decision that he/she judges equitable under the circumstances. 21.04 In the event that a university representative finds it necessary to summon an employee for disciplinary reasons (written warning, demotion, suspension, or dismissal), the employee has the right to be accompanied by a union representative. The University will inform the employee of his/her right. 21.05 A suspension does not interrupt the continuous service of an employee. 21.06 No disciplinary measure may be imposed later than twenty (20) working days after the date of the incident which gave rise to it or of the date the immediate supervisor became aware of said incident. 21.07 No confession signed by an employee can be used as evidence against her/him in an arbitration, unless it is:

  • Safeguard Measures The Parties note the multilateral negotiations pursuant to Article X of GATS on the question of emergency safeguard measures based on the principle of non-discrimination. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.

  • Interim Measures Notwithstanding any requirements for alternative dispute resolution procedures as set forth in Articles 18(B), any party to the Dispute may apply to a court for interim measures (i) prior to the constitution of the arbitral tribunal (and thereafter as necessary to enforce the arbitral tribunal’s rulings); or (ii) in the absence of the jurisdiction of the arbitral tribunal to rule on interim measures in a given jurisdiction. The Parties agree that seeking and obtaining such interim measures shall not waive the right to arbitration. The arbitrators (or in an emergency the presiding arbitrator acting alone in the event one or more of the other arbitrators is unable to be involved in a timely fashion) may grant interim measures including injunctions, attachments and conservation orders in appropriate circumstances, which measures may be immediately enforced by court order. Hearings on requests for interim measures may be held in person, by telephone, by video conference or by other means that permit the parties to the Dispute to present evidence and arguments.

  • Protective Measures We have implemented and will maintain appropriate technical and organisational measures in relation to the Services taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of Processing, as well as the likelihood and severity of risk to the rights and freedoms of data subjects. This includes measures relating to the physical security of Our facilities used to deliver them, measures to control access rights to Our assets and relevant networks, and processes for testing these measures. In accordance with Our obligations under applicable law, We may undertake digital forensic investigations in relation to the use of the Services and Subscriptions. You are responsible for using, and ensuring that your Users use, the controls and advice provided by the Services correctly and consistently.

  • Bilateral Safeguard Measures 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take bilateral safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to the provisions of paragraphs 2 to 10. 2. Bilateral safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards. 3. The Party intending to take a bilateral safeguard measure under this Article shall immediately, and in any case before taking a measure, make notification to the other Parties and the Joint Committee. The notification shall contain all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction, expected duration and timetable for the progressive removal of the measure. A Party that may be affected by the measure shall be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party. 4. If the conditions set out in paragraph 1 are met, the importing Party may take measures consisting in increasing the rate of customs duty for the product to a level not to exceed the lesser of: (a) the MFN rate of duty applied at the time the action is taken; or (b) the MFN rate of duty applied on the day immediately preceding the date of the entry into force of this Agreement. 5. Bilateral safeguard measures shall be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. No measure shall be applied to the import of a product which has previously been subject to such a measure. 6. The Joint Committee shall within 30 days from the date of notification examine the information provided under paragraph 3 in order to facilitate a mutually acceptable resolution of the matter. In the absence of such resolution, the importing Party may adopt a measure pursuant to paragraph 4 to remedy the problem, and, in the absence of mutually agreed compensation, the Party against whose product the measure is taken may take compensatory action. The bilateral safeguard measure and the compensatory action shall be immediately notified to the other Parties and the Joint Committee. In the selection of the bilateral safeguard measure and the compensatory action, priority must be given to the measure which least disturbs the functioning of this Agreement. The compensatory action shall normally consist of suspension of concessions having substantially equivalent trade effects or concessions substantially equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The Party taking compensatory action shall apply the action only for the minimum period necessary to achieve the substantially equivalent trade effects and in any event, only while the measure under paragraph 4 is being applied. 7. Upon the termination of the measure, the rate of customs duty shall be the rate which would have been in effect but for the measure. 8. In critical circumstances, where delay would cause damage which would be difficult to repair, a Party may take a provisional emergency measure pursuant to a preliminary determination that there is clear evidence that increased imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The Party intending to take such a measure shall immediately notify the other Parties and the Joint Committee thereof. Within 30 days of the date of the notification, the procedures set out in paragraphs 2 to 6, including for compensatory action, shall be initiated. Any compensation shall be based on the total period of application of the provisional emergency measure and of the emergency measure. 9. Any provisional measure shall be terminated within 200 days at the latest. The period of application of any such provisional measure shall be counted as part of the duration of the measure set out in paragraph 5 and any extension thereof. Any tariff increases shall be promptly refunded if the investigation described in paragraph 2 does not result in a finding that the conditions of paragraph 1 are met. 10. Five years after the date of entry into force of this Agreement, the Parties shall review in the Joint Committee whether there is need to maintain the possibility to take safeguard measures between them. If the Parties decide, after the first review, to maintain such possibility, they shall thereafter conduct biennial reviews of this matter in the Joint Committee.

  • Measures SAP protects its assets and facilities using the appropriate means based on the SAP Security Policy • In general, buildings are secured through access control systems (e.g., smart card access system). • As a minimum requirement, the outermost entrance points of the building must be fitted with a certified key system including modern, active key management. • Depending on the security classification, buildings, individual areas and surrounding premises may be further protected by additional measures. These include specific access profiles, video surveillance, intruder alarm systems and biometric access control systems. • Access rights are granted to authorized persons on an individual basis according to the System and Data Access Control measures (see Section 1.2 and 1.3 below). This also applies to visitor access. Guests and visitors to SAP buildings must register their names at reception and must be accompanied by authorized SAP personnel. • SAP employees and external personnel must wear their ID cards at all SAP locations.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

  • Security Measures Lessee hereby acknowledges that the rental payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties.

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