OMITTED ITEMS Sample Clauses

OMITTED ITEMS. The Owner reserves and shall have the right to omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-4 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Owner’s opinion, is necessary for completion of such extra work. When determined to be in the Owner's best interest, the Owner may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner.
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OMITTED ITEMS. The Owner, the Owner’s Engineer or the RPR may provide written notice to the Contractor to omit from the work any contract item that does not meet the definition of major contract item. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with Section 90, paragraph 90-04, Payment for Omitted Items.
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OMITTED ITEMS. ‌ The Design Professional may, in the Airport Authority’s best interest, omit from the Work any Contract Item, except Major Contract Items. Major Contract Items may be omitted by a Supplemental Agreement. Such omission of Contract Items shall not invalidate any other Contract provision or requirement and shall be documented by a Change Order.
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OMITTED ITEMS. It is agreed that should any item agreed upon during negotiations be inadvertently omitted from the Collective Agreement, it will be considered to be included. SIGNED at Hamilton, Ontario, this day of , 2001.
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OMITTED ITEMS. It is agreed that should any item agreed upon during negotiations be inadvertently omitted the Collective Agreement, it will be considered to be included. COMPANY Greenwood Division) TEAMSTERS UNION LOCAL COMPANY Greenwood Division) April March May LETTER OF UNDERSTANDING NUMBER INFORMATION EXCHANGE Prior to the referral of any grievance to arbitration, on request, the Company and the Union will meet to exchange relevant information concerning the grievance, and to discuss all aspects of the grievance. COMPANY
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OMITTED ITEMS. If at any time after the date of this Agreement, ------------- either Buyer or Seller discovers any item which such party believes should have been included on one or more of the Schedules to this Agreement, the party discovering such omission shall notify the other of the omission and of the reason such party believes that the item in question should have been included on one or more Schedules. The parties shall then confer in good faith regarding the amendment of the Schedule or Schedules in question to include the item omitted.
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OMITTED ITEMS. Should any items contained in the bid be found unnecessary for the proper completion of the work, the Engineer may, upon written order to the Contractor, delete such items from the contract; such action shall in no way invalidate the contract, and no allowance will be made for items so deleted in making final payment to the Contractor, except for such actual work as may have been done, materials actually purchased, and actual equipment costs incurred, prior to notification of deletion of such items.
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OMITTED ITEMS. The County may, if in its best interest, omit from the Work any Contract Item. Such omission shall not invalidate any other Contract provision or requirement. Should a Contract Item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such an item prior to the date of the order to omit such item.
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Related to OMITTED ITEMS

  • Omitted Section 4.13

  • Omitted Services If, within one hundred and fifty (150) days following the Effective Date (or, with respect to a Service to the extent provided in connection with a Delayed Asset, one hundred and fifty (150) days following the date of the applicable Delayed Transfer), Recipient identifies a service (an “Omitted Service”) that (a) was provided or is substantially similar to a service that was provided by Provider or any Provider Affiliate to the Business in the ordinary course during the Baseline Period, (b) is reasonably necessary for the Business to operate in substantially the same manner as the Business operated during the Baseline Period, (c) is not included in Exhibit A or Exhibit B, and (d) would not require Provider or its Affiliates to allocate resources or capabilities materially in excess of its then-current ordinary course resources and capabilities (provided, for clarity, that resources or capabilities necessary to prepare to make such service available or plan and execute the migration of such service shall not be deemed to be resources or capabilities materially in excess of Provider’s or its Affiliates’ then-current ordinary resources or capabilities, as long as providing the Omitted Service itself does not require Provider or its Affiliates to allocate resources or capabilities materially in excess of its then-current ordinary resources or capabilities), then the Parties shall amend Exhibit A to add such Omitted Service, and in such case, such Omitted Service will be deemed a Service hereunder; provided that Provider shall have no obligation to provide such Omitted Service unless and until the Parties mutually agree (which agreement shall not be unreasonably withheld, conditioned, or delayed) on all terms and conditions for the provision of such Omitted Service, including the Initial Service Period and the Service Fee of such Omitted Service, which terms and conditions shall be consistent with the provisions of this Agreement, including the methodology to calculate the Service Fees reflected herein and in Exhibit A. Each Party shall give due consideration to business continuity concerns in connection with any request for an Omitted Service pursuant to this Section 2.4.

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  • Issuing Lender Reporting Requirements Each Issuing Lender shall, on the first Business Day of each month, provide to Administrative Agent and Borrower a schedule of the Letters of Credit issued by it, in form and substance satisfactory to Administrative Agent, showing the date of issuance of each Letter of Credit, the account party, the original face amount (if any), and the expiration date of any Letter of Credit outstanding at any time during the preceding month, and any other information relating to such Letter of Credit that the Administrative Agent may request.

  • Documents, Records and Funds in Possession of Master Servicer To Be Held for Trustee (a) The Master Servicer shall transmit and each Servicer (to the extent required by the related Servicing Agreement) shall transmit to the Trustee or Custodian such documents and instruments coming into the possession of the Master Servicer or such Servicer from time to time as are required by the terms hereof, or in the case of the Servicers, the applicable Servicing Agreement, to be delivered to the Trustee or Custodian. Any funds received by the Master Servicer or by a Servicer in respect of any Mortgage Loan or which otherwise are collected by the Master Servicer or by a Servicer as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan shall be held for the benefit of the Trustee and the Certificateholders subject to the Master Servicer's right to retain or withdraw from the Master Servicer Collection Account the Master Servicing Compensation and other amounts provided in this Agreement, and to the right of each Servicer to retain its Servicing Fee and other amounts as provided in the applicable Servicing Agreement. The Master Servicer shall, and (to the extent provided in the applicable Servicing Agreement) shall cause each Servicer to, provide access to information and documentation regarding the Mortgage Loans to the Trustee, its agents and accountants at any time upon reasonable request and during normal business hours, and to Certificateholders that are savings and loan associations, banks or insurance companies, the Office of Thrift Supervision, the FDIC and the supervisory agents and examiners of such Office and Corporation or examiners of any other federal or state banking or insurance regulatory authority if so required by applicable regulations of the Office of Thrift Supervision or other regulatory authority, such access to be afforded without charge but only upon reasonable request in writing and during normal business hours at the offices of the Master Servicer designated by it. In fulfilling such a request the Master Servicer shall not be responsible for determining the sufficiency of such information.

  • Collection of Taxes, Assessments and Similar Items; Escrow Accounts (a) To the extent required by the related Mortgage Note and not violative of current law, the Master Servicer shall establish and maintain one or more accounts (each, an "Escrow Account") and deposit and retain therein all collections from the Mortgagors (or advances by the Master Servicer) for the payment of taxes, assessments, hazard insurance premiums or comparable items for the account of the Mortgagors. Nothing herein shall require the Master Servicer to compel a Mortgagor to establish an Escrow Account in violation of applicable law.

  • Aircraft Information Table Table 1 consolidates information contained in Articles 1, 2, 3 and 4 with respect to (i) quantity of Aircraft, (ii) applicable Detail Specification, (iii) month and year of scheduled deliveries, (iv) Aircraft Basic Price, (v) applicable escalation factors and (vi) Advance Payment Base Prices and advance payments and their schedules.

  • Documents Records and Funds in Possession of Master Servicer to be Held for the Trustee Notwithstanding any other provisions of this Agreement, the Master Servicer shall transmit to the Trustee as required by this Agreement all documents and instruments in respect of a Mortgage Loan coming into the possession of the Master Servicer from time to time and shall account fully to the Trustee for any funds received by the Master Servicer or which otherwise are collected by the Master Servicer as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan. All Mortgage Files and funds collected or held by, or under the control of, the Master Servicer in respect of any Mortgage Loans, whether from the collection of principal and interest payments or from Liquidation Proceeds, including but not limited to, any funds on deposit in the Certificate Account, shall be held by the Master Servicer for and on behalf of the Trustee and shall be and remain the sole and exclusive property of the Trustee, subject to the applicable provisions of this Agreement. The Master Servicer also agrees that it shall not create, incur or subject any Mortgage File or any funds that are deposited in the Certificate Account, Distribution Account or any Escrow Account, or any funds that otherwise are or may become due or payable to the Trustee for the benefit of the Certificateholders, to any claim, lien, security interest, judgment, levy, writ of attachment or other encumbrance, or assert by legal action or otherwise any claim or right of setoff against any Mortgage File or any funds collected on, or in connection with, a Mortgage Loan, except, however, that the Master Servicer shall be entitled to set off against and deduct from any such funds any amounts that are properly due and payable to the Master Servicer under this Agreement.

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