Limitation on Self-Performed Work Sample Clauses

Limitation on Self-Performed Work. Neither Construction Manager nor any Affiliate shall bid on or propose any Subcontract bid package except to the extent Owner approves the same in writing, in advance. If Owner so approves, Construction Manager or its Affiliate, as the case may be, shall be subject to this Section 6.6. To qualify to Self-Perform Work, Construction Manager and its Affiliates: (i) must be performing at least fifty percent (50%) of the labor of such Work through its own respective employees; (ii) shall maintain strict separation of personnel involved with bidding and proposing the Self-Performed Work from all of Construction Manager’s other personnel involved in the Project, including prohibiting communication prior to award, except for ordinary communication permitted of all bidders and proposers; (iii) shall not allocate any of the Self-Performed Work so that it is paid out of the General Conditions Work Cost Limit; and (iv) shall not use any of the Construction Contingency to pay for the Self-Performed Work. Notwithstanding anything to the contrary in the Agreement, if a portion of Work that is proposed as Self-Performed Work receives fewer than two bids or proposals from responsible bidders or responsible proposers other than Construction Manager or its Affiliate, Owner may disqualify that portion of Work from Self-Performed Work eligibility and Owner may cause such Work to be solicited again. Any rejection of a bid or proposal or required re-solicitation under this Section 6.6.1 shall not be the basis for an increase to the GMP in any GMP Amendment or adjustment to the Project Schedule or Construction Schedule.
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Limitation on Self-Performed Work. Neither Design-Builder nor any Affiliate shall bid on or propose any Subcontract bid package except to the extent Owner approves the same in writing, in advance. If Owner so approves, Design-Builder or its Affiliate, as the case may be, shall be subject to this Section. To qualify to Self-Perform Work, Design-Builder and its Affiliates: (i) must be performing at least fifty percent (50%) of the labor of such Work through its own respective employees;
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Related to Limitation on Self-Performed Work

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • COMPLIANCE WITH TAX LAW SECTION 5-a The following provisions apply to Contractors that have entered into agreements in an amount exceeding $100,000 for the purchase of goods and services:

  • Evaluation of Performance School, in conjunction with Company personnel, is responsible for and shall make arrangements for evaluating Student’s performance during the clinical program.

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