Modification of the Owner’s Requirements Sample Clauses

Modification of the Owner’s Requirements. In the event that the Statement of Probable Construction Cost of the work exceeds the Stated Cost Limitation stated in the Contract, the Owner, at its discretion, may modify the Owner’s requirements sufficiently to permit balancing the Statement of Probable Construction Cost with the Stated Cost Limitation. It is also agreed that when the Design Professional has obtained laboratory test reports in accordance with Section 2 (Basic Services) of this Contract, the Design Professional shall furnish the Owner a current Statement of Probable Construction Cost for use in verifying that the total Project budget does not exceed the available funds for the Project. In the event the Statement of Probable Construction Cost exceeds the Stated Cost Limitation, the Design Professional agrees that modifications made for the purpose of balancing the Statement of Probable Construction Cost with the Stated Cost Limitation shall not create a claim for Additional Services under Section 3 (Additional Services) of this Contract, except in the event of the discovery of unforeseen conditions, in which case the Design Professional shall be compensated in accordance with Section 3.
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Modification of the Owner’s Requirements. In the event the Statement of Probable Construction Cost, as updated by the Design Professional at the completion of each phase of Basic Services, exceeds the GMP Cost Limitation, the Owner may at its discretion modify the Owner’s requirements sufficiently to permit balancing the Statement of Probable Construction Cost with the GMP Cost Limitation. In this event, the Design Professional agrees that the modifications made for the purpose of balancing the Statement of Probably Construction Cost with the GMP Cost Limitation shall not create a claim for Additional Services.
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Related to Modification of the Owner’s Requirements

  • Construction Requirements a) All Life and Safety and applicable Building Codes will be strictly enforced (i.e., tempered glass, fire dampers, exit signs, smoke detectors, alarms, etc.). Prior coordination with the Building Manager is required.

  • DATA ESCROW REQUIREMENTS Registry Operator will engage an independent entity to act as data escrow agent (“Escrow Agent”) for the provision of data escrow services related to the Registry Agreement. The following Technical Specifications set forth in Part A, and Legal Requirements set forth in Part B, will be included in any data escrow agreement between Registry Operator and the Escrow Agent, under which ICANN must be named a third-­‐party beneficiary. In addition to the following requirements, the data escrow agreement may contain other provisions that are not contradictory or intended to subvert the required terms provided below.

  • DBE Requirements A. Notice is hereby given to the CONSULTANT and any SUB-CONSULTANT, and both agree, that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification and failure to promptly cure such breach, may result in termination of this Contract or such remedy as INDOT deems appropriate. The referenced section requires the following assurance to be included in all subsequent contracts between the CONSULTANT and any SUB-CONSULTANT: The CONSULTANT, sub recipient or SUB-CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient, deems appropriate.

  • Space Requirements The Construction Administrator will conduct a review of the adequacy of space allotments for maintenance of mechanical, telephone, and fire protection equipment.

  • Accessibility Requirements Under Tex. Gov’t Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, the System Agency must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards.

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