Interpretations and Decisions Sample Clauses

Interpretations and Decisions. (a) In response to questions from the Contractor or Owner about the Contract Documents, or as the Architect deems appropriate, the Architect shall provide interpretations and clarifications of the Contract Documents that are consistent with the intent of and reasonably inferable from the Contract Documents. Interpretations and clarifications shall be in the form of written explanations or directions and/or supplementary details or drawings, whichever is required to complete, explain or make definite any of the provisions of the Drawings and Specifications and give them due effect. (b) The Architect shall respond to questions about the Contract Documents in a timely manner consistent with the terms of the Contract Documents. (c) If, with undue frequency, the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations, or clarifications, the Architect shall be entitled to additional compensation pursuant to Article 5, but only to the extent that the Contractor is responsible to the Owner for such expenses. (d) Upon written request of the Contractor or Owner, and as provided in the Conditions of the Construction Contract, the Architect shall render prompt, impartial decisions on claims, disputes, or other matters in question between the Contractor and Owner arising out of the Construction Contract. (e) Decisions by the Architect, including interpretations and clarifications of the Drawings, Specifications, or other Contract Documents, and directions or decisions regarding performance of the Work, shall be in writing and shall be advisory to the Contractor and Owner, except that the Architect’s decisions on matters relating to aesthetic effect will be final and binding if consistent with the intent expressed in the Contract Documents.
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Interpretations and Decisions. (a) In response to questions from the Contractor or Owner about the Contract Documents, or as the Architect deems appropriate, the Architect shall provide interpretations and clarifications of the Contract Documents that are consistent with the intent of and reasonably inferable from the Contract Documents. Interpretations and clarifications shall be in the form of written explanations or directions and/or supplementary details or drawings, whichever is required to complete, explain or make definite any of the provisions of the Drawings and Specifications and give them due effect. (b) The Architect shall respond to questions about the Contract Documents in a timely manner (c) If, with undue frequency, the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations, or clarifications, the Architect shall be entitled to additional compensation pursuant to Article 5, but only to the extent that the Contractor is responsible to the Owner for such expenses. (d) Upon written request of the Contractor or Owner, and as provided in the Conditions of the Construction Contract, the Architect shall render prompt, impartial decisions on claims, disputes, or other matters in question between the Contractor and Owner arising out of the Construction Contract. (e) Decisions by the Architect, including interpretations and clarifications of the Drawings, Specifications, or other Contract Documents, and directions or decisions regarding performance of the Work, shall be in writing and shall be advisory to the Contractor and Owner, except that the Architect’s decisions on matters relating to aesthetic effect will be final and binding if consistent with the intent expressed in the Contract Documents.
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Interpretations and Decisions of the ARCHITECT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the ARCHITECT shall endeavor to secure faithful performance by both OWNER and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith.
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Interpretations and Decisions of the A/E shall be consistent with the intent of, and reasonably inferable from, the Contract for Construction. Upon the Owner’s request, the A/E shall advise the Owner concerning claims, disputes, or other matters in question between the Owner and Contractor.
Sample 1
Interpretations and Decisions. In response to questions from the Contractor or Owner about the Contract Documents, or as the Architect deems appropriate, the Architect shall provide interpretations and clarifications of the Contract Documents that are consistent with the intent of and reasonably inferable from the Contract Documents. Interpretations and clarifications shall be in the form of written explanations or directions and/or supplementary details or drawings, whichever is required to complete, explain or make definite any of the provisions of the Drawings and Specifications and give them due effect. The Architect shall respond to questions about the Contract Documents in a timely manner consistent with the terms of the Contract Documents. If, with undue frequency, the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations, or clarifications, the Architect shall be entitled to additional compensation pursuant to Article 5, but only to the extent that the Contractor is responsible to the Owner for such expenses. Upon written request of the Contractor or Owner, and as provided in the Conditions of the Construction Contract, the Architect shall render prompt, impartial decisions on claims, disputes, or other matters in question between the Contractor and Owner arising out of the Construction Contract.
Sample 1
Interpretations and Decisions. If ENGINEER is required by the Construction Contract between CLIENT and Contractor to evaluate whether Contractor’s Work conforms to the requirements of the Construction Contract or to evaluate claims by Contractor or CLIENT to adjustments of the contract price to be paid to Contractor for the Work (the “Contract Price”) or the contract time afforded to Contractor to perform the Contractor’s Work (the “Contract Time”) or any other claims by Contractor or CLIENT for relief under the Construction Contract, or if ENGINEER is required by CLIENT or Contractor to evaluate any Work or claims, or if ENGINEER agrees to evaluate any Work or claims, then ENGINEER shall evaluate such Work or claims as an unbiased neutral third party and such evaluations and decisions made by ENGINEER shall be rendered in good faith and with impartiality. CLIENT agrees that ENGINEER shall not be liable to CLIENT or Contractor for any evaluations or decisions of such Work or claims made by ENGINEER in good faith. Subject to the limitations and conditions of Article 10 of this Agreement, to the fullest extent permitted by law CLIENT shall indemnify, defend and hold harmless ENGINEER and ENGINEER’s past and current officers, directors, partners, members, employees and agents, and each of them, from and against any claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs and expenses of dispute resolution) arising out of or based in whole or in part upon any such evaluation or decision made by ENGINEER, provided, however, CLIENT shall not be required to indemnify, defend or hold harmless such indemnified parties from or against any claims or liabilities if ENGINEER is adjudicated to have made the evaluation and/or decision with negligence or in bad faith. CLIENT and ENGINEER agree that the obligations set forth in this Section 2.11 shall survive completion of ENGINEER’s Services for a Relevant Project, termination of this Agreement and/or a Work Release incorporating by reference this Agreement, and/or final payment for ENGINEER’s Services for a Relevant Project.
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Interpretations and Decisions. The Company shall interpret and decide matters concerning performance of the Construction Contractor under the requirements of the Contract Documents on request of LVMPD Facilities. The Company’s response to such requests shall be made with reasonable promptness and within time limits agreed upon. Interpretations and decisions of the Company shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Company, shall not show partiality toward any party. The Company shall render written decisions within a reasonable time, but not to exceed seven calendar days on all claims, disputes or other matters in question, including those relating to the execution or progress of the Work as provided in the Contract Documents. The Company’s decisions on claims, disputes or other matters, except those relating to aesthetic effect, shall be subject to arbitration as provided in the Contract Documents.
Sample 1
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Related to Interpretations and Decisions

  • Interpretations and Definitions 2.01 For the purpose of this Agreement:

  • Captions and Interpretations Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.

  • Principles of Interpretation and Definitions (1) The singular includes the plural and the plural the singular. The pronouns “it” and “its” include the masculine and feminine. References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words “include,” “including,” etc. mean include, including, etc. without limitation. (2) References to a “Section” or “section” shall mean a section of this contract. (3) “Contract” and “Agreement,” whether or not capitalized, refer to this instrument. (4) “Duties” includes obligations.

  • Clarifications and Interpretations It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by the ODR such clarifications or interpretations will be provided by the A/E consistent with the intent of the Contract Documents. The A/E will issue these clarifications with reasonable promptness to the Contractor as Architect’s Supplemental Instruction (ASI) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, the Contractor shall so notify the Owner in accordance with the provisions of Article 11.

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.

  • Captions and Interpretation The captions used in this Agreement are for convenience only. They do not affect the meaning of the paragraphs in this Agreement.

  • Definitions and Interpretations The terms "specifically approved at least annually," "vote of a majority of the outstanding voting securities," "assignment," "affiliated person," and "interested person," when used in this Agreement, shall have the respective meanings specified, and shall be construed in a manner consistent with, the Investment Company Act of 1940 and the rules and regulations promulgated thereunder. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, or the Securities Exchange Act of 1934 (collectively, the "Federal Securities Acts") shall be resolved by reference to such term or provision of the Federal Securities Acts and to interpretations thereof, if any, by United States federal courts or, in the absence of any controlling decisions of any such court, by rules or regulations of the Securities and Exchange Commission. Where the effect of a requirement of the Federal Securities Acts reflected in any provision of this Agreement is revised by rule or regulation of the Securities and Exchange Commission, such provisions shall be deemed to incorporate the effect of such rule or regulation.

  • Interpretation and Definitions 2.01 For the purpose of this Agreement:

  • Definitions and Rules of Interpretation In this Contract, the following terms, whether capitalized or not, shall have the meanings set forth below, unless it is clear in the Contract that the context requires otherwise. In addition, the rules of interpretation set forth below shall apply.

  • Interpretation and Governing Law This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

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