Quality of Materials and workmanship. The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.
Quality of Materials and workmanship. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials and work. The burden of proof is on the Contractor.
Quality of Materials and workmanship. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CM/GC shall, if required, furnish satisfactory evidence as to the kind and quality of materials and work. The burden of proof is on the CM/GC.
Quality of Materials and workmanship. All materials shall be new, and workmanship and materials shall be of the highest quality commonly used. The Developer shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Developer shall obtain from the Contractor and/or Supplier and shall assign to the District all manufacturer's warranties for the materials used in the Extension.
Quality of Materials and workmanship. 12.1.1 The Concessionaire shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and
Quality of Materials and workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to Lessor. Lessee shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of Lessor, in each instance (which consent may be withheld in Lessor's reasonable discretion); provided, however, that such consent shall not be required for any individual change which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TEN THOUSAND DOLLARS ($10,000) or which changes, in the aggregate, do not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) in cost. Notwithstanding the foregoing, prior to making any change in Project Plans, copies of all change orders shall be submitted by Lessee to Lessor and Lessee shall also deliver to Lessor evidence satisfactory to Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be.
Quality of Materials and workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) or which changes, in the aggregate, do not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) in cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer to the Lessor and the Lessee, and the Developer shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.
Quality of Materials and workmanship. 13.4.1. Contractor shall perform all work required by the Contract Documents in a skillful, good, and workmanlike manner and in strict conformance with the Contract Documents. All materials and equipment furnished by Contractor shall be new and of good quality, unless otherwise required by the Contract Documents.
13.4.2. Contractor shall supervise and direct the work using its best skill and attention. All labor shall be performed by individuals specially skilled in the kind of work required. Contractor shall at all times enforce strict discipline and good order among its employees and those of its Subcontractors of any tier. Contractor shall not employ for the Project any unfit person or anyone not skilled in the assigned task or otherwise unfit. Contractor shall immediately remove from the Project any person that County determines, in its sole discretion, is unfit or behaving in an unsatisfactory or unacceptable manner. Persons so removed shall not thereafter be reassigned to any portion of the Project without County s written approval, which may be granted or withheld in County sole discretion.
13.4.3. Contractor shall, without charge, replace any material or correct any work found by County not to conform to the requirements of the Contract Documents, unless County consents to accept such material or work along with a commensurate reduction in the Contract Price. Contractor shall promptly segregate and remove rejected material from the work site.
13.4.4. If Contractor does not promptly replace rejected material or correct rejected work, or immediately remove persons who are unfit or behaving unacceptably, County may: (1) by contract or otherwise replace such material or correct such work and charge the cost thereof to Contractor, including but not limited to by deducting the cost from amounts due or to become due to Contractor; or (2) terminate Contractor's right to proceed in accordance with the "TERMINATION FOR CAUSE" Section of the General Conditions.
Quality of Materials and workmanship. 13.5.1 D-BE shall perform all work required by the Contract Documents in a skillful, good, and workmanlike manner and in strict conformance with the Contract Documents. All materials and equipment furnished by D-BE shall be new and of good quality, unless otherwise required by the Contract Documents.
13.5.2 D-BE shall supervise and direct the work using its best skill and attention. All labor shall be performed by individuals, specially skilled, in the kind of work required. D-BE shall at all times enforce strict discipline and good order among its employees and those of its Subcontractors of any tier. D-BE shall not employ for the Project any unfit person or anyone not skilled in the assigned task or otherwise unfit. D-BE shall immediately remove from the Project any person that OWNER determines, in its sole discretion, is unfit or behaving in an unsatisfactory or unacceptable manner. Persons so removed shall not thereafter be reassigned to any portion of the Project without OWNER's written approval, which may be granted or withheld in OWNER’s sole discretion.
13.5.3 D-BE shall, without charge, replace any material or correct any work found by OWNER not to conform to the requirements of the Contract Documents, unless OWNER consents to accept such material or work along with a commensurate reduction in the Contract Price. D-BE shall promptly segregate and remove rejected material from the work site.
13.5.4 If D-BE does not promptly replace rejected material or correct rejected work, or immediately remove persons who are unfit or behaving unacceptably, OWNER may: (1) by contract or otherwise replace such material or correct such work and charge the cost thereof to D-BE, including but not limited to by deducting the cost from amounts due or to become due to D-BE; or (2) terminate D-BE's right to proceed in accordance with the "TERMINATION FOR CAUSE" Section of the General Conditions.
Quality of Materials and workmanship. The materials and workmanship shall be of the best of their respective kinds and shall be to the approval of the Engineer. In reading of these Specifications, the words "to the approval of the Engineer" shall be deemed to be included in the description of all materials incorporated in the works, whether manufactured or natural, and in the description of all operations for the due execution of the works. No materials of any description shall be used without prior approval by the Engineer and any condemned as unfit for use in the works shall be removed immediately from the site, and without recompense to, the Contractor. All works or parts thereof shall be in accordance with the latest edition of either Kenya Bureau of Standards (KEBS) Specification or British Standard (B.S) Specifications and British Codes of Practices (C.P) as published by British Standard Institution. All materials shall be of approved manufacture and origin and the best quality of their respective kind, equal to sample and delivered on to the site a sufficient period before they are required to be used in the works to enable the Engineer to take such samples as he may require for testing or approval, and the Contractor shall furnish any information required by the Engineer as to the quality, weight, strength, description, etc. of the materials. No materials of any description shall be used without prior approval by the Engineer and any condemned as unfit for use in the works shall be removed immediately from the site by, and without recompense to, the Contractor.
