Overall Responsibility. Contractor shall have responsibility for managing the Project to completion in accordance with the requirements of the Agreement.
Overall Responsibility. (a) Project Co shall perform and complete the Works:
(i) so as to satisfy the Output Specifications;
(ii) in accordance with the Project Co Proposal Extracts;
(iii) in accordance with the Design Data;
(iv) in accordance with the Works Schedule; and
(v) in accordance with the other terms and conditions of this Project Agreement.
(b) Without prejudice to Section 18.1(a), but subject to the provisions of Section 26, Schedule 20 – Payment Mechanism and Schedule 24 – Expiry Transition Procedure, if, at any time during the Project Term, any of the Works carried out by or on behalf of Project Co do not fully satisfy the Output Specifications and/or any other term or condition of this Project Agreement (other than the Project Co Proposal Extracts), Project Co shall, at its own cost and expense, rectify the Works, the Facility and any part thereof so that:
(i) the Works, the Facility and all parts thereof shall, at all times, comply with and satisfy in full the Output Specifications and the other terms and conditions of this Project Agreement (other than the Project Co Proposal Extracts); and
(ii) the Works, the Facility and all parts thereof will, at all times, be able to meet the structural, mechanical, electrical and other performance standards set out in the Output Specifications.
Overall Responsibility. (a) Project Co shall, following the Substantial Completion Date, perform the Project Co Services:
(i) so as to satisfy the Output Specifications; and
(ii) in accordance with the other terms of this Project Agreement.
Overall Responsibility. 5.4.1. In the framework of its obligations to carry out the Services and as an integral part thereof, the Management Venture will be fully and exclusively responsible to carry out all the actions to fulfill all its obligations pursuant to the Agreement in full and on time and in addition to carry out any such action and to supply any such means, the execution or supply of which arise from the nature of the Services and in order to execute them at the level required by the Agreement and at the level required pursuant to the provisions of applicable Law, even if such execution or supply are not expressly required by the Agreement, all in order to ensure the execution and completion of the Services, in full and on time, and including in order to ensure the execution and completion of the project pursuant to its goals. For the removal of doubt, it is clarified hereby that such actions will be deemed included in the execution of the Services for all intents and purposes and they will be carried out by the Management Venture or anyone on its behalf, without additional consideration at the expense of the Management Venture and without the Management Venture being entitled to any consideration of any kind or nature whatsoever for them.
5.4.2. The Management Venture may not in any event enter into agreements with subcontractors on its behalf in connection with the execution of any of the Services, except for the Management Team Members, unless it obtained for that purpose the approval of the Company in a notice, in advance and in writing, specifying the reasons for the notice, that will be granted, if granted, pursuant to the exclusive discretion of the Company. For the removal of doubt, it is clarified hereby that the Management Venture will bear the full, absolute and exclusive responsibility towards the Company and anyone on its behalf in connection with the execution of the Services, and, in addition, that carrying out the Services by way of subcontractors on its behalf as aforesaid will not impose any liability of any kind or nature whatsoever upon the Company, and will not derogate from the liability of the Management Venture or anyone on its behalf pursuant to the Agreement, and the Management Venture waives hereby and will be prevented and under estoppel from raising any claim or demand of any kind whatsoever in connection with it. The Company may at any time demand pursuant to its exclusive discretion the replacement of any subcontractor by prior notice of...
Overall Responsibility. (a) Project Co shall perform and complete the Works:
(i) so as to satisfy the Output Specifications;
(ii) in accordance with the Project Co Proposal Extracts;
(iii) in accordance with the Design Data;
(iv) in accordance with the Works Schedule; and
(v) in accordance with the other terms and conditions of this Project Agreement.
Overall Responsibility. The obligations in Clause 13.1 (Obligation to Carry Out) are independent obligations. In particular:
13.2.1 the fact that the Contractor has complied with the Authority’s Requirements but not the Contractor’s Proposals shall not be a defence to an allegation that the Contractor has not satisfied the Contractor’s Proposals provided that the Authority’s Requirements shall take priority over the Contractor’s Proposals in the event of any discrepancy or inconsistency between them; and
13.2.2 the fact that the Contractor has complied with the Contractor’s Proposals but not the Authority’s Requirements shall not be a defence to an allegation that the Contractor has not satisfied the Authority’s Requirements.
Overall Responsibility. The obligations in Section 11.1 are each an independent obligation. In particular:
(a) The fact that the Concessionaire has complied with the HPTE Phase 2 Work Requirements but not the Concessionaire's Phase 2 Work Proposals shall not be a defense to an allegation that the Concessionaire has not satisfied the Concessionaire's Phase 2 Work Proposals (unless it is necessary to amend the Concessionaire’s Phase 2 Work Proposals under Section 14.3, in which case the Concessionaire shall be obliged to proceed in accordance with that Section); and
(b) The fact that the Concessionaire has complied with the Concessionaire's Phase 2 Work Proposals but not HPTE's Requirements shall not be a defense to an allegation that the Concessionaire has not satisfied the HPTE Phase 2 Work Requirements.
Overall Responsibility. 11.1 The Supplier shall be held by the acceptance of this Contract to approve of the System in the whole and in detail and shall accept responsibility for the satisfactory performance of the System on completion of the whole process of manufacture, supply and installation thereof and the Supplier shall remain responsible for the execution of this Contract, for the overall working of the System and for its guarantee.
11.2 If the Supplier is of the opinion that any part of the Work undertaken by the Purchaser would adversely affect the Supplier's ability to execute this Contract, whether as a result of the negligence or default of the Purchaser or for any other reason, the Supplier shall immediately notify the Purchaser in writing. Such notice shall be supported by the Supplier's reasons for so opining.
11.3 The Supplier shall only be relieved for time and cost under this Article if the Purchaser has not taken appropriate action within a reasonable time in response to a notification from the Supplier in accordance with Article 11.
11.4 The Supplier shall be solely responsible for the design of the System and for the adequacy thereof and shall not claim any additional payment nor be relieved from any obligation imposed on it by this Contract on grounds of misunderstanding or incorrect or insufficient information received from and/or supplied by the Purchaser on any matter whatsoever related to this Contract.
Overall Responsibility. LE is solely responsible for the procurement and supply of Merchandise and LE Supplies to the LE Shops. Subject to the immediately foregoing sentence, SRC will assist LE as expressly provided for below.
Overall Responsibility. (a) Overall direction of the parties' strategic alliance under this Agreement and the BML AGREEMENT will be provided by an Oversight Committee consisting of an equal number of senior management representatives from each party. The Oversight Committee will meet on an ad hoc basis during the term of this Agreement to monitor the overall performance of the collaboration hereunder and to resolve any disputes which may arise regarding the operation of the collaboration, such resolution to be within a reasonable period of time under the relevant circumstances, in any event not to exceed [ * ]
(b) The following committees shall also be established under this Agreement as set forth below.
(i) the OPERATING COMMITTEE; and
(ii) the Strategy Committee.