Common use of Joint and Several Liability Clause in Contracts

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV.

Appears in 45 contracts

Samples: Construction Contract, Construction Contract, Contract Agreement

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Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name of JV.Joint venture.6

Appears in 31 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV.

Appears in 12 contracts

Samples: Contract Agreement, Contract Agreement, Construction Contract

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name Joint venture.1 Part II Scope of JV.Project‌‌‌

Appears in 8 contracts

Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name of JV.Joint venture.1

Appears in 6 contracts

Samples: Engineering Procurement and Construction (Epc) Contract, Engineering Procurement and Construction (Epc) Contract, Engineering Procurement and Construction (Epc) Contract

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name of JV.Joint venture.4

Appears in 4 contracts

Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Construction Contract

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV.

Appears in 4 contracts

Samples: Engineering Procurement and Construction (Epc) Contract, Engineering Procurement and Construction (Epc) Agreement, Engineering Procurement and Construction (Epc) Contract

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two persons for implementing the ProjecttheProject: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; andAgreement;and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the AuthoritytheAuthority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JVofJV.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Joint and Several Liability. (i) 1.5.1 If the Contractor has formed a Joint Venture Consortium of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreementAgreement, be deemed to be jointly and severally liable to the Authority Employer for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture Consortium is effected without the prior consent of the AuthorityEmployer. (ii) 1.5.2 Without prejudice to the joint and several liability of all the members of the Joint VentureConsortium, the Lead Member shall represent all the members of the Joint Venture Consortium and shall always at all times be liable and responsible for discharging the functions and obligations of the ContractorContractor for the contract price. The Contractor shall ensure that each member of the Joint Venture Consortium shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority Employer shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority Employer shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or liable for the inter se allocation of payments only in among members of the name of JVConsortium.}

Appears in 3 contracts

Samples: Epc Agreement, Epc Agreement, Engineering, Procurement and Construction Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name Joint venture.6 Part II Scope of JV.Project

Appears in 2 contracts

Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name Joint venture.1 Part II Scope of JV.Project‌

Appears in 2 contracts

Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name of JV.Joint venture.2

Appears in 2 contracts

Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction (Epc) Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV.Joint venture.6

Appears in 2 contracts

Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement

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Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name of JV.Joint venture.4

Appears in 1 contract

Samples: Construction Contract

Joint and Several Liability. (i) 1.5.1 If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreementAgreement, be deemed to be jointly and severally liable to the Authority Employer for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture Consortium is effected without the prior consent of the AuthorityEmployer. (ii) 1.5.2 Without prejudice to the joint and several liability of all the members of the Joint VentureConsortium, the Lead Member shall represent all the members of the Joint Venture Consortium and shall always at all times be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture Consortium shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority Employer shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority Employer shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or liable for the inter se allocation of payments only in among members of the name of JVConsortium.}

Appears in 1 contract

Samples: Contract Agreement for Design and Construction

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; andAgreement;and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the AuthoritytheAuthority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JVofJV.

Appears in 1 contract

Samples: Construction Contract

Joint and Several Liability. (i) ‌ 1.5.1 If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreementAgreement, be deemed to be jointly and severally liable to the Authority Employer for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture Consortium is effected without the prior consent of the AuthorityEmployer. (ii) 1.5.2 Without prejudice to the joint and several liability of all the members of the Joint VentureConsortium, the Lead Member shall represent all the members of the Joint Venture Consortium and shall always at all times be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture Consortium shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority Employer shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority Employer shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or liable for the inter se allocation of payments only in among members of the name of JVConsortium.} PART II - SCOPE OF PROJECT‌

Appears in 1 contract

Samples: Demonstration Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name Joint venture.4 Part II Scope of JV.Project‌

Appears in 1 contract

Samples: Construction Contract

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (iiiii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release payments solely to the Lead Member and shall not in any manner be responsible or be held liable for the inter se allocation of payments only in among members of the name of JV.Joint venture.3

Appears in 1 contract

Samples: Contract Agreement

Joint and Several Liability. (i) If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability liabilities of all the members of the Joint VentureVen- ture, the Lead Member shall represent all the members of the Joint Venture and shall always al- ways be liable and responsible for discharging the functions and obligations of the ContractorCon- tractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV.

Appears in 1 contract

Samples: Construction Contract

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