Common use of Joint and severalliability Clause in Contracts

Joint and severalliability. (i) If the Contractor has formed a Joint Venture of two persons for implementing theProject: (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 theAuthority. (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 ofJV.

Appears in 5 contracts

Samples: Construction Contract, Contract Agreement, Contract Agreement

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Joint and severalliability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing theProject: (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 theAuthority. (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 ofJV.Jointventure.6

Appears in 2 contracts

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

Joint and severalliability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing theProject: (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 The Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of theAuthority. (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 ofJVJointventure.

Appears in 1 contract

Samples: Engineering Procurement and Construction (Epc) Agreement

Joint and severalliability. (i) If the Contractor has formed a Joint Venture of two persons for implementing theProject: (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 theAuthority. (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 ofJVof JV.

Appears in 1 contract

Samples: Contract Agreement

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Joint and severalliability. (i) If the Contractor has formed a Joint Venture of two or more persons for implementing theProject: (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 theAuthority. (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 among members of the Joint venture.1 Widening /Strengthening to Two laning with hard shoulder of Pallel- Xxxxxxx section of NH-102C (18.292 Km) in the name ofJV.state of Manipur on Engineering, Procurement & Construction (EPC) mode

Appears in 1 contract

Samples: Engineering Procurement and Construction (Epc) Agreement

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