Obligation to Uncover Finished Work Sample Clauses

Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.
Sample 1Sample 2Sample 3See All (61)
AutoNDA by SimpleDocs
Obligation to Uncover Finished Work. Design-Build Contractor shall inform IFA of any part of the Work which is about to be covered or otherwise hidden from view and offer a full and adequate opportunity to IFA to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, Design-Build Contractor shall remove or uncover such portions of the finished or covered construction Work as directed by IFA. After examination by IFA and any other Persons designated by IFA, Design-Build Contractor shall restore the Work to the standard required by the PPA Documents. If the Work exposed or examined is not in conformance with the requirements of the PPA Documents, then uncovering, removing, and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at Design-Build Contractor’s cost and Design-Build Contractor shall not be entitled to any adjustment to the Contract Price or any time extension or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by IFA or without inspection in accordance with the Technical Provisions, including failure to provide notice of matters subject to Witness and Hold Points, may be ordered uncovered, removed or restored by IFA at Design-Build Contractor’s cost and without an adjustment to the Contract Price or a time extension, or any other relief, even if the Work proves acceptable and in compliance after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.5.2 is in conformance with the requirements of the PPA Documents, then any delay in any Critical Path caused by uncovering, removing and restoring Work shall be considered an IFA-Caused Delay, and Design-Build Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.
Sample 1Sample 2Sample 3
Obligation to Uncover Finished Work. At all times before Final Acceptance, the DB Contractor shall remove or uncover such portions of the finished construction Work as directed by the District. After examination by the District, the DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then the cost of uncovering, removing and restoring the Work or making good the parts removed and recovery of any delay to the Critical Path occasioned thereby shall be at the DB Contractor's expense. If Work exposed or examined under this Section 7.4.3 is in conformance with the requirements of the Contract Documents, then the cost of uncovering, removing and restoring the Work shall be paid in accordance with Section 15, and any delay in the Critical Path from uncovering, removing and restoring Work shall be the District’s responsibility. Refer to Section 7.6 for provisions regarding payments owing by the DB Contractor to the District, if the District agrees (in its sole discretion) to accept certain Nonconforming Work.
Sample 1Sample 2
Obligation to Uncover Finished Work. 5.4.3.1 DB Contractor shall inform TxDOT in writing of any part of the Work that is about to be covered and offer a full and adequate opportunity to TxDOT to examine by inspection, testing, or other means such part of the Work before it is covered. At all times before Final Acceptance of the Project, DB Contractor shall permit examination by TxDOT, including by removing or uncovering any part of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents.
Sample 1Sample 2
Obligation to Uncover Finished Work. Whenever DB Contractor performs design work or construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work (each as defined in the Design-Build Contract). DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Capital Maintenance Contract that is to be covered and offer a full and adequate opportunity to TxDOT to examine by inspection, testing, or other means such part of the work before it is covered. DB Contractor shall permit examination by TxDOT, including by removing or uncovering any part of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the work to the standard required by the CMC Documents. DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 If any work examined by TxDOT is found not to be in conformance with the requirements of the CMC Documents, then uncovering, removing and restoring all work at TxDOT’s direction shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Maintenance Price or any other relief. Furthermore, if DB Contractor performs any work or uses any materials without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with the CMC Documents, TxDOT may direct the work to be uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Maintenance Price or any other relief, even if TxDOT determines that all of the work is in conformance with the requirements of the CMC Documents.
Sample 1
Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT and following such uncovering shall restore the Work to the standard required by the DBC Documents. If DB Contractor fails to give adequate prior notice to TxDOT of the covering of Work or if the uncovered Work is not in conformance with the requirements of the DBC Documents, then such uncovering and restoration shall be at DB Contractor’s cost, and DB Contractor shall not be entitled to any adjustment in the Price or extension of any Completion Deadlines. If DB Contractor properly provides adequate prior notice to TxDOT and any uncovered Work is in conformance with the requirements of the DBC Documents, then any delay in any Critical Path from the uncovering, removing and restoring Work shall be considered a TxDOT-Caused Delay, and DB Contractor shall be entitled to a Change Order for the costs of such efforts and recovery of any delay to any Critical Path occasioned thereby.
Sample 1
Obligation to Uncover Finished Work. ‌ If a portion of the Work has been covered contrary to the request of the Department or contrary to the requirements of the Contract Documents, it shall be uncovered at the written request of the Department for its observation and replaced at the Progressive Contractor’s sole cost and expense, and the Progressive Contractor shall not be entitled to any Construction Phase Change Order in connection therewith.
Sample 1
AutoNDA by SimpleDocs

Related to Obligation to Uncover Finished Work

  • OBLIGATION TO SUPPORT ‌ The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the Board of Supervisors for action, neither SEIU Local 721, nor Management, nor their authorized representatives, will appear before the Board of Supervisors or meet with members of the Board of Supervisors individually to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding. It is further understood that this Article shall not preclude the parties from appearing before the Board of Supervisors nor meeting with individual members of the Board of Supervisors to advocate or urge the adoption and approval of this Memorandum of Understanding in its entirety.

  • Exception to Obligations Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

  • Obligation to Defend; Notice; Cooperation Whenever a claim arises for indemnification under this Section (the “Claim”), the relevant Indemnitee, as appropriate, will promptly notify the Indemnifying party and request the Indemnifying Party to defend the same. Failure to so notify the Indemnifying Party will not relieve the Indemnifying Party of any liability that the Indemnifying Party might have, except to the extent that such failure prejudices the Indemnifying Party's rights or ability to defend such Claim. The Indemnifying Party will have the right to defend against such Claim in which event the Indemnifying Party will give written notice to the Indemnitee of acceptance of the defense of such Claim and the identity of counsel selected by the Indemnifying Party. Except as set forth below, such notice to the relevant Indemnitee will give the Indemnifying Party full authority to defend, adjust, compromise, or settle such Claim with respect to which such notice has been given, except to the extent that any compromise or settlement might prejudice the Intellectual Property Rights or other rights of the relevant Indemnities. The Indemnifying Party will consult with the relevant Indemnitee prior to any compromise or settlement that would affect the Intellectual Property Rights or other rights of any Indemnitee, and the relevant Indemnitee will have the right to refuse such compromise or settlement and, at such Indemnitee’s sole cost, to take over defense of such Claim. Provided, however, that in such event the Indemnifying Party will not be responsible for, nor will it be obligated to indemnify the relevant Indemnitee against any damages, costs, expenses, or liabilities, including without limitation, attorneys’ fees, in excess of such refused compromise or settlement. With respect to any defense accepted by the Indemnifying Party, the relevant Indemnitee will be entitled to participate with the Indemnifying Party in such defense if the Claim requests equitable relief or other relief (other than monetary damages) that could affect the rights of the Indemnitee and also will be entitled to employ separate counsel for such defense at such Indemnitee's expense. In the event the Indemnifying Party does not accept the defense of any indemnified Claim as provided above, the relevant Indemnitee will have the right to employ counsel for such defense at the expense of the Indemnifying Party, and the Indemnifying Party shall be liable for all costs associated with Indemnitee’s defense of such Claim including court costs, and any settlement or damages awarded a third party. Each Party agrees to cooperate and to cause its employees and agents to cooperate with the other Party in the defense of any such Claim.

  • Obligation to Notify If the Participant makes the election permitted under Section 83(b) of the Internal Revenue Code of 1986, as amended (that is, an election to include in gross income in the year of transfer the amounts specified in Section 83(b)), the Participant shall notify the Company of such election within 10 days of filing notice of the election with the Internal Revenue Service and shall within the same 10-day period remit to the Company an amount sufficient in the opinion of the Company to satisfy any federal, state and other governmental tax withholding requirements related to such inclusion in Participant’s income. The Participant should consult with his or her tax advisor to determine the tax consequences of acquiring the Restricted Stock and the advantages and disadvantages of filing the Section 83(b) election. The Participant acknowledges that it is his or her sole responsibility, and not the Company’s, to file a timely election under Section 83(b), even if the Participant requests the Company or its representatives to make this filing on his or her behalf.

  • APPLICANT’S OBLIGATION TO MAINTAIN VIABLE PRESENCE In order to receive and maintain the limitation authorized by Section 2.4 in addition to the other obligations required by this Agreement, the Applicant shall Maintain Viable Presence in the District commencing at the start of the Tax Limitation Period through the Final Termination Date of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, the Applicant shall not be in breach of, and shall not be subject to any liability for failure to Maintain Viable Presence to the extent such failure is caused by Force Majeure, provided the Applicant makes commercially reasonable efforts to remedy the cause of such Force Majeure.

  • Right to Refuse Dangerous Work An employee shall have the right to refuse to work in situations, which can reasonably be considered dangerous.

  • Obligation to Make Payments Any Interconnection Party's obligation to make payments for services shall not be suspended by Force Majeure.

  • Obligation to Notify Change In the event that any of the representations or warranties made/given by a Party ceases to be true or stands changed, the Party who had made such representation or given such warranty shall promptly notify the other of the same.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!