Common use of Notice of Functions Variation Clause in Contracts

Notice of Functions Variation. (a) If the Independent Certifier believes, other than a “Functions Variation Order” under Section 8.3, that any direction by the PA Parties constitutes or involves a Functions Variation it will: (1) within 7 days after receiving the direction and before commencing work on the subject matter of the direction, give notice to the PA Parties that it considers that the direction constitutes or involves a Functions Variation; and (2) within 21 days after giving the notice under Section 8.1(a)(1), submit a written claim to each of the Authority’s Design and Construction Representative and Project Co’s Design and Construction Representative which includes detailed particulars of the claim, the amount of the claim and how it was calculated. (b) Regardless of whether the Independent Certifier considers that such a direction constitutes or involves a Functions Variation, the Independent Certifier will continue to perform the Functions in accordance with this Agreement and all directions, including any direction in respect of which notice has been given under this Section.

Appears in 5 contracts

Samples: Independent Certifier Agreement, Independent Certifier Agreement, Independent Certifier Agreement

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Notice of Functions Variation. (a) If the Independent Certifier believes, other than a “Functions Variation Order” under Section 8.3, that any direction by the PA Parties constitutes or involves a Functions Variation it will: (1) within 7 days after receiving the direction and before commencing work on the subject matter of the direction, give notice to the PA Parties that it considers that the direction constitutes or involves a Functions Variation; andand‌ (2) within 21 days after giving the notice under Section 8.1(a)(1), submit a written claim to each of the Authority’s Design and Construction Representative and Project Co’s Design and Construction Representative which includes detailed particulars of the claim, the amount of the claim and how it was calculated. (b) Regardless of whether the Independent Certifier considers that such a direction constitutes or involves a Functions Variation, the Independent Certifier will continue to perform the Functions in accordance with this Agreement and all directions, including any direction in respect of which notice has been given under this Section.

Appears in 2 contracts

Samples: Independent Certifier Agreement, Independent Certifier Agreement

Notice of Functions Variation. (a) If the Independent Certifier believes, other than a “Functions Variation Order” under Section 8.38.3 [Functions Variation Procedure], that any direction by of the PA Parties constitutes or involves a Functions Variation it willshall: (1i) within 7 seven days after receiving the direction and before commencing work on the subject matter of the direction, give notice to the PA Parties that it considers that the direction constitutes or involves a Functions Variation; and (2ii) within 21 days after giving the notice under Section 8.1(a)(18.1(a)(i), submit a written claim to each of the Authority’s Design and Construction Representative City and Project Co’s Design and Construction Representative Co which includes detailed particulars of the claim, the amount of the claim and how it was calculated. (b) Regardless of whether the Independent Certifier considers that such a direction constitutes or involves a Functions Variation, the Independent Certifier will shall continue to perform the Functions in accordance with this Agreement and all directionsdirections of the PA Parties, including any direction in respect of which notice has been given under this Section.

Appears in 1 contract

Samples: Independent Certifier Agreement

Notice of Functions Variation. (a) If the Independent Certifier believes, other than a “Functions Variation Order” under Section 8.3, that any direction by the PA Parties constitutes or involves a Functions Variation it will: (1) within 7 seven days after receiving the direction and before commencing work on the subject matter of the direction, give notice to the PA Parties that it considers that the direction constitutes or involves a Functions Variation; and (2) within 21 days after giving the notice under Section 8.1(a)(1), submit a written claim to each of the AuthorityProvince’s Design and Construction Representative and Project Co’s Design and Construction Representative which includes detailed particulars of the claim, the amount of the claim and how it was calculated. (b) Regardless of whether the Independent Certifier considers that such a direction constitutes or involves a Functions Variation, the Independent Certifier will continue to perform the Functions in accordance with this Agreement and all directions, including any direction in respect of which notice has been given under this Section.

Appears in 1 contract

Samples: Independent Certifier Agreement

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Notice of Functions Variation. (a) If the Independent Certifier believes, other than a “Functions Variation Order” under Section 8.39.3, that any direction by the PA Parties constitutes or involves a Functions Variation it will: (1) within 7 days after receiving the direction and before commencing work on the subject matter of the direction, give notice to the PA Parties that it considers that the direction constitutes or involves a Functions Variation; andand‌ (2) within 21 days after giving the notice under Section 8.1(a)(19.1(a)(1), submit a written claim to each of the Authority’s Design and Construction Representative and Project Co’s Design and Construction Representative which includes detailed particulars of the claim, the amount of the claim and how it was calculated. (b) Regardless of whether the Independent Certifier considers that such a direction constitutes or involves a Functions Variation, the Independent Certifier will continue to perform the Functions in accordance with this Agreement and all directions, including any direction in respect of which notice has been given under this Section.

Appears in 1 contract

Samples: Independent Certifier Agreement

Notice of Functions Variation. (a) If the Independent Certifier believes, other than a “Functions Variation Order” under Section 8.3, that any direction by the PA Parties constitutes or involves a Functions Variation it will: (1i) within 7 days after receiving the direction and before commencing work on the subject matter of the direction, give notice to the PA Parties that it considers that the direction constitutes or involves a Functions Variation; and (2ii) within 21 days after giving the notice under Section 8.1(a)(18.1(a)(i), submit a written claim to each of the Authority’s Design and Construction Representative City and Project Co’s Design and Construction Representative Co which includes detailed particulars of the claim, the amount of the claim and how it was calculated. (b) Regardless of whether the Independent Certifier considers that such a direction constitutes or involves a Functions Variation, the Independent Certifier will continue to perform the Functions in accordance with this Agreement and all directions, including any direction in respect of which notice has been given under this Section.

Appears in 1 contract

Samples: Project Agreement

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