Failure to Reach a GMP Sample Clauses

Failure to Reach a GMP. In the event the City rejects the GMP Amendment, the City in its sole discretion may direct the XXXX to work with the Design Consultant, at no additional cost to the City, to adjust the design and/or scope to attempt to bring the Guaranteed Maximum Price to an amount acceptable to the City or the City may elect to end its attempt to reach an agreement with the XXXX. The City shall be entitled to use any intellectual property developed by or on behalf of XXXX for this Project for the completion, maintenance and further development of the ITRP, or for any other purpose, without additional compensation to XXXX.
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Failure to Reach a GMP. In the event the City rejects the GMP Amendment, the City, in its sole discretion, may either direct the DESIGN BUILD CONTRACTOR at no additional cost to the City, to adjust the design and/or scope to attempt to bring the Guaranteed Maximum Price to an amount acceptable to the City or the City may elect to end its attempt to reach an agreement with the DESIGN BUILD CONTRACTOR. In the event the City elects to end its attempts to reach an agreement with the DESIGN BUILD CONTRACTOR, the DESIGN BUILD CONTRACTOR does hereby assign all rights to any agreement with Designer to the City effective upon written notice of acceptance by the City to the DESIGN BUILD CONTRACTOR and Designer. The City shall not be responsible for any past due amounts that the DESIGN BUILD CONTRACTOR owes to the Designer. The City shall be entitled to use any intellectual property developed by or on behalf of DESIGN BUILD CONTRACTOR for this Project for the completion, maintenance, and further development of the ITRP, or for any other purpose, without additional compensation to DESIGN BUILD CONTRACTOR.
Sample 1
Failure to Reach a GMP. In the event the City rejects the GMP Amendment, the City, in its sole discretion, may direct the DESIGN BUILD CONTRACTOR at no additional cost to the City, to adjust the design and/or scope to attempt to bring the Guaranteed Maximum Price to an amount acceptable to the City or the City may elect to end its attempt to reach an agreement with the DESIGN BUILD CONTRACTOR. In the event DESIGN BUILD CONTRACTOR’s scope of work is reduced by the Director, then the Director and DESIGN BUILD CONTRACTOR shall attempt to negotiate a new GMP. In the event the City elects to end its attempts to reach an agreement with the DESIGN BUILD CONTRACTOR, the DESIGN BUILD CONTRACTOR does hereby assign all rights to any agreement with DESIGN BUILD CONTRACTOR to the City effective upon written notice of acceptance by the City to the DESIGN BUILD CONTRACTOR. The City shall be entitled to use any intellectual property developed by or on behalf of DESIGN BUILD CONTRACTOR for this Project for the completion, maintenance, and further development of the Vehicle Maintenance Facility, or for any other purpose, without additional compensation to DESIGN BUILD CONTRACTOR.
Sample 1
Failure to Reach a GMP. In the event the City rejects the GMP Amendment, the City, in its sole discretion, may direct the DESIGN-BUILD CONTRACTOR at no additional cost to the City, to adjust the design and/or scope to attempt to bring the Guaranteed Maximum Price to an amount acceptable to the City or the City may elect to end its attempt to reach an agreement with the DESIGN-BUILD CONTRACTOR. In the event DESIGN-BUILD CONTRACTOR’s scope of work is reduced by the Director, then the Director and DESIGN-BUILD CONTRACTOR shall attempt to negotiate a new GMP. In the event the City elects to end its attempts to reach an agreement with the DESIGN-BUILD CONTRACTOR, the DESIGN-BUILD CONTRACTOR does hereby assign all rights to any agreement with Designer to the City effective upon written notice of acceptance by the City to the DESIGN-BUILD CONTRACTOR and Designer. The City shall not be responsible for any past due amounts that the DESIGN-BUILD CONTRACTOR owes to the Designer, provided that the City has paid DESIGN-BUILD CONTRACTOR such amounts. The City shall be entitled to use any intellectual property developed by or on behalf of DESIGN-BUILD CONTRACTOR for this Project for the completion, maintenance, and further development of the ITRP, or for any other purpose, without additional compensation to DESIGN-BUILD CONTRACTOR.
Sample 1

Related to Failure to Reach a GMP

  • Failure to Reach Agreement If Company and Seller are unable to agree upon and execute a Performance Standards Revision Document within 180 Days of Company's written notice to Seller pursuant to Section 23.4 (Performance Standards Revision Document), Company shall have the option of declaring the failure to reach agreement on and execute such Performance Standards Revision Document to be a dispute and submit such dispute to an Independent Evaluator for the conduct of a determination pursuant to Section 23.10 (Dispute) of this Agreement. Any decision of the Independent Evaluator, rendered as a result of such dispute shall include a form of a Performance Standards Revision Document as described in Section 23.4 (Performance Standards Revision Document). PUC Performance Standards Revision Order. No Performance Standards Revision Document shall constitute an amendment to the Agreement unless and until a PUC Performance Standards Revision Order issued with respect to such Document has become non-appealable. Once the condition of the preceding sentence has been satisfied, such Performance Standards Revision Document shall constitute an amendment to this Agreement. To be "non-appealable" under this Section 23.6 (PUC Performance Standards Revision Order), such PUC Performance Standards Revision Order shall be either (i) not subject to appeal to any Circuit Court of the State of Hawai‘i or the Supreme Court of the State of Hawai‘i, because the thirty (30) Day period (accounting for weekends and holidays as appropriate) permitted for such an appeal has passed without the filing of notice of such an appeal, or (ii) affirmed on appeal to any Circuit Court of the State of Hawai‘i or the Supreme Court, or the Intermediate Appellate Court upon assignment by the Supreme Court, of the State of Hawai‘i, or affirmed upon further appeal or appellate process, and is not subject to further appeal, because the jurisdictional time permitted for such an appeal (and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari) has passed without the filing of notice of such an appeal (or the filing for further appellate process).

  • Failure to Respond If you fail to respond by the date given above, your application will be refused under Section 3A(4)(a) of the Registered Designs Act 1949.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Return to Work If, upon the expiration of FMLA or CFRA Leave, or any District approved extension thereof including General Leave, an employee fails to return to work and no additional leave has been authorized, the employee shall be considered to have automatically resigned from his or her position. In such cases, the employee will receive advance notification of the District’s intent to implement an automatic resignation.

  • Failure to Remedy If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Deliver Applicable

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

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