If no mutual agreement Sample Clauses

If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form and with such content as the Owner or the Architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In the event the Contractor performs the Work required by change order with its own forces, and not the forces of a subcontractor, and notwithstanding the provisions of Paragraph 10.3.4 below, the overhead and profit due the Contractor for such work shall be fifteen (15) percent. In the event the change order Work is performed by one or more subcontractors, the Contractor’s overhead and profit shall be seven and one-half (7-1/2) percent. In no event shall any expenditure or savings associated with the Contractor’s home office or other non- jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect’s Certificate for Payment.
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Related to If no mutual agreement

  • Mutual Agreement This Agreement may be terminated at any time by mutual written agreement of the parties.

  • Mutual Agreements No Nurse shall be required or permitted to make any written or verbal agreement with the Employer, its representatives or immediate management supervisors, which is contrary to the terms of this Collective Agreement. This will not prevent a Nurse from making a temporary arrangement with the Employer, its representatives or immediate supervisors, when such an arrangement does not affect other Nurses in the Bargaining Unit.

  • Individual Agreement The Employer agrees not to enter into any agreement or contract with the employees covered by this Agreement individually or collectively which in any way conflicts with the terms and provisions of this Agreement.

  • Individual Agreements Any individual contract between the Employer and an individual Employee heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement.

  • MUTUAL AGREEMENT PROCEDURE 1. Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of the Contracting State of which he is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement.

  • MUTUAL AGREEMENT PROCEDURES 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall use their best efforts to resolve the matter by mutual agreement.

  • Termination by Mutual Agreement This Contract may be terminated by mutual written agreement of the Parties.

  • CONTRACTUAL AGREEMENT This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

  • No Individual Agreements No Employee shall be required or permitted to make a written or verbal agreement with an Employer representative that may conflict with the terms of this Collective Bargaining Agreement.

  • Legal Agreement This Software License Agreement (“Agreement”) is a legal agreement between the LICENSEE using the Cryptovision Software and Cryptovision. By using the Cryptovision Software LICENSEE agrees to be bound the terms and conditions of the Agreement. If LICENSEE does not agree with the terms of this Agreement, it may not use the Cryptovision Software and, if applicable, it must return the entire unused package to the reseller together with the receipt for a refund. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor other than Cryptovision. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Cryptovision is not responsible for LICENSEE’s use of any third party software and shall have no liability for the use of third party software

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