Common use of Representatives of the Authority Clause in Contracts

Representatives of the Authority. 8.1 The Authority's Representative shall be [♦] or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority). The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B Co from time to time. 8.2 The Authority's Representative shall be entitled at any time, by notice to D&B Co, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives), either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 The Authority may by notice to D&B Co change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Co in the execution of its obligations under this Agreement). 8.4 During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 (Variation Procedure), constitute or authorise a Variation. 8.6 Except as previously notified in writing before such act by the Authority to D&B Co, D&B Co and D&B Co's Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Co and D&B Co's Representative shall not be required to determine whether an express authority has in fact been given. 8.7 D&B Co's Representative shall be [♦] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co). D&B Co's Representative shall have full authority to act on behalf of D&B Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Co's Representative in connection with this Agreement as being expressly authorised by D&B Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given.

Appears in 4 contracts

Samples: Template Education Design & Build Development Agreement, Template Education Design & Build Development Agreement, Template Education Design & Build Development Agreement

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Representatives of the Authority. 8.1 The Authority's Representative Representative(s) shall be [♦] as stipulated in Schedule 9 (Notices), or such other person appointed pursuant to Clause 8.3 this clause 65.1 (Representatives of the Authority). The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations Contract which are identified in this Agreement Contract as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement Contract as may be notified to D&B Co the Contractor from time to time. 8.2 . The Authority's Representative shall be entitled at any time, by notice to D&B Cothe Contractor, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)clause, either generally or specifically. Any act of any such person shall, for the purposes of this AgreementContract, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement Contract (apart from this Clause 8 clause 65.1.3 (RepresentativesRepresentatives of the Authority)) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 . The Authority may by notice to D&B Co the Contractor change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Co the Contractor in the execution of its obligations under this AgreementContract). 8.4 . During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this AgreementContract) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No . Except where notified in writing by the Authority before such act or omission instruction, the Contractor and Contractor's Representative shall be entitled to treat any act or instruction of the Authority's Representative which is authorised by this Contract as being expressly authorised by the Authority and the Contractor and the Contractor's Representative shall not be required to determine whether authority has in fact been given. Except where notified in writing by the Authority before such act or instruction, the Contractor and Contractor's Representative shall not be entitled to treat any act or instruction of the Authority's Representative or any other officer, employee or other person engaged by the Authority shall, except which is not authorised by this Contract as otherwise expressly provided being authorised by the Authority and shall be required to determine by notice to the Authority whether an express authority has in this Agreement: 8.5.1 fact been given. The Contractor's Representative(s) shall be as stipulated in any way relieve or absolve D&B Co from, modifySchedule 9 (Notices), or such other persons appointed pursuant to this clause 65.2 (Representatives of the Contractor). The Contractor's Representative shall have full authority to act as a waiver or personal bar of, any liability, responsibility, obligation or duty under on behalf of the Contractor for all purposes of this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 (Variation Procedure), constitute or authorise a Variation. 8.6 Contract. Except as previously notified in writing before such act by the Authority to D&B Co, D&B Co and D&B Co's Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Co and D&B Co's Representative shall not be required to determine whether an express authority has in fact been given. 8.7 D&B Co's Representative shall be [♦] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co). D&B Co's Representative shall have full authority to act on behalf of D&B Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co Contractor to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Cothe Contractor's Representative in connection with this Agreement Contract as being expressly authorised by D&B Co the Contractor and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given. The Contractor may with the prior written consent of the Authority (not to be unreasonably withheld or delayed), change the Contractor's Representative. Where the Contractor wishes to do so it shall, by written notice to the Authority, propose a substitute representative, taking account of the need for liaison and continuity in respect of the Contract. At any time the Authority may appoint more than one Authority's Representative and the Contractor may appoint more than one Contractor's Representative provided in each case the appointer provides written confirmation to the Contractor or Authority as appropriate of the extent of its representative's authority. 66NOTICES All notices required to be issued under this Contract shall be served in accordance with the provisions of Schedule 9 (Notices). 67SEVERABILITY If any term, condition, clause or provision contained in this Contract shall be held to be invalid, unlawful or unenforceable to any extent, such term, condition, clause or provision shall, to that extent be omitted from this Contract and not affect the validity, legality or enforceability of the remaining parts of this Contract.

Appears in 4 contracts

Samples: Contract for the Provision of Education Services, Contract for the Provision of Education Services, Contract for the Provision of Education Services

Representatives of the Authority. 8.1 9.1.1 The Authority's Representative shall be [♦] the Authority’s Director of Environment and Commercial Services being at the date of this Contract, Xxxx Xxxx or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement Contract as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement Contract as may be notified to D&B Co the Contractor from time to time. 8.2 9.1.2 The Authority's Representative shall be entitled at any time, by notice to D&B Cothe Contractor, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this AgreementContract, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement Contract (apart from this Clause 8 (Representatives)Clause) shall be taken as references reference to such person so far as they concern matters within the scope of such person's authority. 8.3 9.1.3 The Authority may by notice to D&B Co the Contractor change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co the Contractor prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergencyan Emergency, be such date as will not cause material inconvenience to D&B Co the Contractor in the execution of its obligations under this AgreementContract). 8.4 9.1.4 During any period when no Authority's ’s Representative has been appointed (or when the Authority's ’s Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this AgreementContract) the Authority shall carry out the functions which would otherwise be performed by the Authority's ’s Representative. 8.5 No 9.1.5 Save where notified in writing by the Authority before such act or omission of instruction, the Contractor and the Contractor’s Representative shall be entitled to treat any act or instruction by the Authority’s Representative which is authorised by this Contract as being expressly authorised by the Authority and the Contractor and the Contractor’s Representative shall not be required to determine whether authority has in fact been given. 9.1.6 Save where notified in writing by the Authority before such act or instruction, the Contractor and the Contractor’s Representative shall not be entitled to treat any act or instruction by the Authority's ’s Representative or any other officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 (Variation Procedure), constitute or authorise a Variation. 8.6 Except as previously notified in writing before such act by the Authority to D&B Co, D&B Co and D&B Co's Representative shall be entitled to treat any act of the Authority's Representative which is not authorised by this Agreement Contract as being expressly authorised by the Authority and D&B Co and D&B Co's Representative shall not be required to determine by notice to the Authority whether an express authority has in fact been given. 8.7 D&B Co's Representative shall be [♦] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co). D&B Co's Representative shall have full authority to act on behalf of D&B Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Co's Representative in connection with this Agreement as being expressly authorised by D&B Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given.

Appears in 1 contract

Samples: Residual Waste Treatment Contract

Representatives of the Authority. 8.1 The Authority's Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B Co Sub-hubco from time to time. 8.2 The Authority's Representative shall be entitled at any time, by notice to D&B CoSub-hubco, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 The Authority may by notice to D&B Co Sub-hubco change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co Sub-hubco prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Co Sub-hubco in the execution of its obligations under this Agreement). 8.4 During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Co Sub-hubco from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 Part 16 (Variation ProcedureChange Protocol), constitute or authorise a VariationChange. 8.6 Except as previously notified in writing before such act by the Authority to D&B CoSub-hubco, D&B Co Sub-hubco and D&B Co's Sub-hubco'’s Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Co Sub-hubco and D&B Co's Sub-hubco'’s Representative shall not be required to determine whether an express authority has in fact been given. . 8.7 D&B Co's Sub-hubco'’s Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co)8.8. D&B Co's Sub-hubco'’s Representative shall have full authority to act on behalf of D&B Co Sub-hubco for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co Sub-hubco to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Co's Sub-hubco'’s Representative in connection with this Agreement as being expressly authorised by D&B Co Sub-hubco and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given. 8.8 Sub-hubco may by notice to the Authority change Sub-hubco’s Representative. Where Sub-hubco wishes to do so it shall by written notice to the Authority propose a substitute for approval, taking account of the need for liaison and continuity in respect of the Project. Such appointment shall be subject to the approval of the Authority (not to be unreasonably withheld or delayed). 8.9 Sub-hubco'’s Key Works Personnel are identified in Schedule Part 3 (Key Works Personnel). Sub-hubco shall, as far as it is within Sub-hubco'’s control, ensure that such persons retain their involvement in the Works and, in particular, will not, for the duration of the Works, require or request any of them to be involved in any other project on behalf of Sub-hubco or any of the Shareholders or its or their Associated Companies if, in the reasonable opinion of the Authority, this would adversely affect the Project.

Appears in 1 contract

Samples: Project Agreement

Representatives of the Authority. 8.1 The Authority's Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B Project Co from time to time. 8.2 The Authority's Representative shall be entitled at any time, by notice to D&B Project Co, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 The Authority may by notice to D&B Project Co change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Project Co prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Project Co in the execution of its obligations under this Agreement). 8.4 During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Project Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 Part 16 (Variation ProcedureChange Protocol), constitute or authorise a VariationChange. 8.6 Except as previously notified in writing before such act by the Authority to D&B Project Co, D&B Project Co and D&B Project Co's Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Project Co and D&B Project Co's Representative shall not be required to determine whether an express authority has in fact been given. . 8.7 D&B Project Co's Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co)8.8. D&B Project Co's Representative shall have full authority to act on behalf of D&B Project Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Project Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Project Co's Representative in connection with this Agreement as being expressly authorised by D&B Project Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given. 8.8 Project Co may by notice to the Authority change Project Co’s Representative. Where Project Co wishes to do so it shall by written notice to the Authority propose a substitute for approval, taking account of the need for liaison and continuity in respect of the Project. Such appointment shall be subject to the approval of the Authority (not to be unreasonably withheld or delayed). 8.9 Project Co's Key Works Personnel are identified in Schedule Part 3 (Key Works Personnel). Project Co shall, as far as it is within Project Co's control, ensure that such persons retain their involvement in the Works and, in particular, will not, for the duration of the Works, require or request any of them to be involved in any other project on behalf of Project Co or any of the Shareholders or its or their Associated Companies if, in the reasonable opinion of the Authority, this would adversely affect the Project.

Appears in 1 contract

Samples: Standard Form Project Agreement

Representatives of the Authority. 8.1 9.1.1 The Authority's Representative shall be [♦] the Authority’s Chief Executive and Director of Environment being at the RPP Variation Date, Xxxx Xxxx or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement Contract as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement Contract as may be notified to D&B Co the Contractor from time to time. 8.2 9.1.2 The Authority's Representative shall be entitled at any time, by notice to D&B Cothe Contractor, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this AgreementContract, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement Contract (apart from this Clause 8 (Representatives)Clause) shall be taken as references reference to such person so far as they concern matters within the scope of such person's authority. 8.3 9.1.3 The Authority may by notice to D&B Co the Contractor change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co the Contractor prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergencyan Emergency, be such date as will not cause material inconvenience to D&B Co the Contractor in the execution of its obligations under this AgreementContract). 8.4 9.1.4 During any period when no Authority's ’s Representative has been appointed (or when the Authority's ’s Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this AgreementContract) the Authority shall carry out the functions which would otherwise be performed by the Authority's ’s Representative. 8.5 No 9.1.5 Save where notified in writing by the Authority before such act or omission of instruction, the Contractor and the Contractor’s Representative shall be entitled to treat any act or instruction by the Authority’s Representative which is authorised by this Contract as being expressly authorised by the Authority and the Contractor and the Contractor’s Representative shall not be required to determine whether authority has in fact been given. 9.1.6 Save where notified in writing by the Authority before such act or instruction, the Contractor and the Contractor’s Representative shall not be entitled to treat any act or instruction by the Authority's ’s Representative or any other officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 (Variation Procedure), constitute or authorise a Variation. 8.6 Except as previously notified in writing before such act by the Authority to D&B Co, D&B Co and D&B Co's Representative shall be entitled to treat any act of the Authority's Representative which is not authorised by this Agreement Contract as being expressly authorised by the Authority and D&B Co and D&B Co's Representative shall not be required to determine by notice to the Authority whether an express authority has in fact been given. 8.7 D&B Co's Representative shall be [♦] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co). D&B Co's Representative shall have full authority to act on behalf of D&B Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Co's Representative in connection with this Agreement as being expressly authorised by D&B Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given.

Appears in 1 contract

Samples: Residual Waste Treatment Contract

Representatives of the Authority. 8.1 The Authority's Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B DBFM Co from time to time. 8.2 The Authority's Representative shall be entitled at any time, by notice to D&B DBFM Co, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 The Authority may by notice to D&B DBFM Co change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B DBFM Co prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B DBFM Co in the execution of its obligations under this Agreement). 8.4 During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B DBFM Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 Part 16 (Variation ProcedureChange Protocol), constitute or authorise a VariationChange. 8.6 Except as previously notified in writing before such act by the Authority to D&B DBFM Co, D&B DBFM Co and D&B DBFM Co's ’s Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B DBFM Co and D&B DBFM Co's ’s Representative shall not be required to determine whether an express authority has in fact been given. . 8.7 D&B DBFM Co's ’s Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.8 (Representative of D&B 8.8. DBFM Co). D&B Co's ’s Representative shall have full authority to act on behalf of D&B DBFM Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B DBFM Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B DBFM Co's ’s Representative in connection with this Agreement as being expressly authorised by D&B DBFM Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given. 8.8 DBFM Co may by notice to the Authority change DBFM Co’s Representative. Where DBFM Co wishes to do so it shall by written notice to the Authority propose a substitute for approval, taking account of the need for liaison and continuity in respect of the Project. Such appointment shall be subject to the approval of the Authority (not to be unreasonably withheld or delayed). 8.9 DBFM Co’s Key Works Personnel are identified in Schedule Part 3 (Key Works Personnel). DBFM Co shall, as far as it is within DBFM Co’s control, ensure that such persons retain their involvement in the Works and, in particular, will not, for the duration of the Works, require or request any of them to be involved in any other project on behalf of DBFM Co or any of the Shareholders or its or their Associated Companies if, in the reasonable opinion of the Authority, this would adversely affect the Project.

Appears in 1 contract

Samples: Project Agreement

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Representatives of the Authority. 8.1 The Authority's Representative shall be [♦] or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B Project Co from time to time. 8.2 The Authority's Representative shall be entitled at any time, by notice to D&B Project Co, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 The Authority may by notice to D&B Project Co change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Project Co prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Project Co in the execution of its obligations under this Agreement). 8.4 During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Project Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 16 (Variation ProcedureChange Protocol), constitute or authorise a VariationChange. 8.6 Except as previously notified in writing before such act by the Authority to D&B Project Co, D&B Project Co and D&B Project Co's Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Project Co and D&B Project Co's Representative shall not be required to determine whether an express authority has in fact been given. . 8.7 D&B Project Co's Representative shall be [♦] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Project Co). D&B Project Co's Representative shall have full authority to act on behalf of D&B Project Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Project Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Project Co's Representative in connection with this Agreement as being expressly authorised by D&B Project Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given. 8.8 Project Co may by reasonable notice to the Authority change Project Co's Representative. Where Project Co wishes to do so it shall by written notice to the Authority propose a substitute for approval, taking account of the need for liaison and continuity in respect of the Project. Such appointment shall be subject to the approval of the Authority (not to be unreasonably withheld or delayed). 8.9 Project Co's Key Personnel are identified in Schedule 3 (Key Personnel). Project Co shall, as far as it is within Project Co's control, ensure that such persons retain their involvement in the Works and, in particular, will not, for the duration of the Works, require or request any of them to be involved in any other project on behalf of Project Co or any of the Shareholders or its or their Associated Companies if, in the reasonable opinion of the Authority, this would adversely affect the Project. In the event that due to matters outwith Project Co's control it is necessary for there to be a change in any Key Personnel, Project Co shall by written notice to the Authority propose a substitute for approval, taking account of the need for liaison and continuity in respect of the Project. Such appointment shall be subject to the approval of the Authority (not to be unreasonably withheld or delayed). [Liaison Procedures 8.10 The Authority and Project Co shall establish and maintain throughout the Project Term a joint Liaison Committee and shall initiate, develop, agree, distribute, implement, control and maintain liaison procedures, all in accordance with the provisions of Schedule 24 ([Liaison Procedure])].13

Appears in 1 contract

Samples: Project Agreement

Representatives of the Authority. 8.1 The Authority's Representative shall be [♦[ ] or such other person appointed pursuant to this Clause 8.3 (Representatives of the Authority)8. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations Works which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B Co hubco from time to time. 8.2 . The Authority's Representative shall be entitled at any time, by notice to D&B Coxxxxx, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 . The Authority may by notice to D&B Co hubco change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co hubco prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Co hubco in the execution of its obligations under this Agreement). 8.4 . During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 . No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 Agreement:- in any way relieve or absolve D&B Co hubco from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 or in the absence of an express order or authorisation under Schedule Part 13 (Variation Procedure), constitute or authorise a Variation. 8.6 . Except as previously notified in writing before such act by the Authority to D&B Cohubco, D&B Co hubco and D&B Coxxxxx's Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Co hubco and D&B Coxxxxx's Representative shall not be required to determine whether an express authority has in fact been given. 8.7 D&B Coxxxxx's Representative shall be [♦[ ] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co)8.8. D&B Coxxxxx's Representative shall have full authority to act on behalf of D&B Co hubco for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co hubco to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Coxxxxx's Representative in connection with this Agreement as being expressly authorised by D&B Co xxxxx and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given. hubco may by notice to the Authority change xxxxx’s Representative. Where xxxxx wishes to do so it shall by written notice to the Authority propose a substitute for approval, taking account of the need for liaison and continuity in respect of the Project. Such appointment shall be subject to the approval of the Authority (not to be unreasonably withheld or delayed). hubco's Key Works Personnel are identified in Schedule Part 3 (Key Works Personnel). hubco shall, as far as it is within xxxxx's control, ensure that such persons retain their involvement in the Works and, in particular, will not, for the duration of the Works require or request any of them to be involved in any other project on behalf of hubco or any of the Shareholders or its or their Associated Companies if, in the reasonable opinion of the Authority, this would adversely affect the Project.

Appears in 1 contract

Samples: Build Only Development Agreement

Representatives of the Authority. 8.1 The Authority's Representative shall be [♦] or such other person appointed pursuant to Clause 8.3 (Representatives of the Authority)this Clause. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Project Operations which are identified in this Agreement as functions or powers to be carried out by the Authority's Representative. The Authority's Representative shall also exercise such other functions and powers of the Authority under this Agreement as may be notified to D&B Co from time to time. 8.2 The Authority's Representative shall be entitled at any time, by notice to D&B Co, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this Clause 8 (Representatives)Clause, either generally or specifically. Any act of any such person shall, for the purposes of this Agreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Agreement (apart from this Clause 8 (Representatives)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. 8.3 The Authority may by notice to D&B Co change the Authority's Representative. The Authority shall (as far as practicable) consult with D&B Co prior to the appointment of any replacement for the Authority's Representative, taking account of the need for liaison and continuity in respect of the Project. Such change shall have effect on the date specified in the written notice (which date shall, other than in the case of emergency, be such date as will not cause material inconvenience to D&B Co in the execution of its obligations under this Agreement). 8.4 During any period when no Authority's Representative has been appointed (or when the Authority's Representative is unable through illness, incapacity or any other reason whatsoever to carry out or exercise his functions under this Agreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. 8.5 No act or omission of the Authority, the Authority's Representative or any officer, employee or other person engaged by the Authority shall, except as otherwise expressly provided in this Agreement: 8.5.1 in any way relieve or absolve D&B Co from, modify, or act as a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or 8.5.2 in the absence of an express order or authorisation under Schedule 13 (Variation Procedure), constitute or authorise a Variation. 8.6 Except as previously notified in writing before such act by the Authority to D&B Co, D&B Co and D&B Co's Representative shall be entitled to treat any act of the Authority's Representative which is authorised by this Agreement as being expressly authorised by the Authority and D&B Co and D&B Co's Representative shall not be required to determine whether an express authority has in fact been given. 8.7 D&B Co's Representative shall be [♦] or such other person appointed pursuant to Clause 8.8 (Representative of D&B Co). D&B Co's Representative shall have full authority to act on behalf of D&B Co for all purposes of this Agreement. Except as previously notified in writing before such act by D&B Co to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of D&B Co's Representative in connection with this Agreement as being expressly authorised by D&B Co and the Authority and the Authority's Representative shall not be required to determine whether any express authority has in fact been given.

Appears in 1 contract

Samples: Design & Build Development Agreement

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