Interpretations and Rejection of Work Sample Clauses

Interpretations and Rejection of Work. (a) The Architect/Engineer shall be the interpreter of the requirements of the Contract Documents and the Project Coordinator shall be the judge of the performance thereunder by the Prime Contractor, in consultation with the Architect/Engineer. The Architect/Engineer shall render interpretations necessary for the proper execution and progress of the Work within five (5) days following the request of either the Owner or the Prime Contractor, and shall render written interpretation, within seven (7) days, on all claims, disputes and other matters in question between the Owner and the Prime Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. The Architect/Engineer shall, when performing services under this subparagraph, obtain the Owner’s approval of any interpretation or decision that may affect the scope of the Work, the project budget or the Project Schedule and time of completion. The Owner shall render any such approval or disapproval promptly to avoid any delay in the progress of the Work. (b) Interpretations of the Architect/Engineer shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing and/or otherwise in the form of drawings. (c) The Architect/Engineer shall have authority with Owner’s approval to reject Work of the Prime Contractor which does not conform to the Contract Documents. Whenever, in the Architect/Engineer’s reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect/Engineer shall advise the Owner so that the Owner may require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, to determine whether or not such Work can then be fabricated, installed or completed. If the inspection or testing will result in additional cost to Owner, Owner must authorize the inspection or testing prior to the cost being incurred. The Architect/Engineer’s authority to reject defective Work or nonconforming Work should be addressed in the Contract Documents and the Architect/Engineer shall not require special inspection or testing which may change the project budget or Project Schedule without the Owner’s prior approval.
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Related to Interpretations and Rejection of Work

  • Interpretation of Agreement It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law.

  • Interpretation of Contract Documents The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.

  • 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.

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  • 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.

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  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

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