Common use of Representatives of the Authority Clause in Contracts

Representatives of the Authority. The Authority's Representative(s) shall be as stipulated in Schedule 9 (Notices), or such other person appointed pursuant to 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 Contract which are identified in this 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 Contract as may be notified to the Contractor from time to time. The Authority's Representative shall be entitled at any time, by notice to the Contractor, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this clause, either generally or specifically. Any act of any such person shall, for the purposes of this Contract, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Contract (apart from this clause 65.1.3 (Representatives 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. The Authority may by notice to the Contractor change the Authority's Representative. 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 the Contractor in the execution of its obligations under this Contract). 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 Contract) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. Except where notified in writing by the Authority before such act or 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 which is not authorised by this Contract as being authorised by the Authority and shall be required to determine by notice to the Authority whether an express authority has in fact been given. Representatives of the Contractor The Contractor's Representative(s) shall be as stipulated in Schedule 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 on behalf of the Contractor for all purposes of this Contract. Except as previously notified in writing before such act by the Contractor to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of the Contractor's Representative in connection with this Contract as being expressly authorised by 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. Appointment of Representatives 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: Marked, data.gov.uk, data.gov.uk

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Representatives of the Authority. The Authority's Representative(s) Representative shall be as stipulated in Schedule 9 (Notices), [ ] or such other person appointed pursuant to this clause 65.1 (Representatives of the Authority)Clause 8. The Authority's Representative shall exercise the functions and powers of the Authority in relation to the Contract Works which are identified in this Contract 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 Contract Agreement as may be notified to the Contractor hubco from time to time. The Authority's Representative shall be entitled at any time, by notice to the Contractorxxxxx, to authorise any other person to exercise the functions and powers of the Authority delegated to him pursuant to this clauseClause, either generally or specifically. Any act of any such person shall, for the purposes of this ContractAgreement, constitute an act of the Authority's Representative and all references to the "Authority's Representative" in this Contract Agreement (apart from this clause 65.1.3 (Representatives of the Authority)Clause) shall be taken as references to such person so far as they concern matters within the scope of such person's authority. The Authority may by notice to the Contractor hubco change the Authority's Representative. The Authority shall (as far as practicable) consult with 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 the Contractor hubco in the execution of its obligations under this ContractAgreement). 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 ContractAgreement) the Authority shall carry out the functions which would otherwise be performed by the Authority's Representative. Except where notified in writing by the Authority before such No act or instruction, the Contractor and Contractor's Representative shall be entitled to treat any act or instruction omission 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 which is not authorised by shall, except as otherwise expressly provided in this Contract Agreement:- in any way relieve or absolve hubco from, modify, or act as being authorised by a waiver or personal bar of, any liability, responsibility, obligation or duty under this Agreement; or in the Authority and shall be required to determine by notice to the Authority whether absence of an express authority has in fact been given. Representatives of the Contractor The Contractor's Representative(s) shall be as stipulated in order or authorisation under Schedule 9 Part 13 (NoticesVariation Procedure), constitute 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 on behalf of the Contractor for all purposes of this Contractauthorise a Variation. Except as previously notified in writing before such act by the Contractor Authority to hubco, hubco and xxxxx'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 hubco and xxxxx's Representative shall not be required to determine whether an express authority has in fact been given. Representative of hubco xxxxx's Representative shall be [ ] or such other person appointed pursuant to Clause 8.8. xxxxx's Representative shall have full authority to act on behalf of hubco for all purposes of this Agreement. Except as previously notified in writing before such act by hubco to the Authority, the Authority and the Authority's Representative shall be entitled to treat any act of the Contractorxxxxx's Representative in connection with this Contract Agreement as being expressly authorised by the Contractor xxxxx 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 hubco may with the prior written consent of by notice to the Authority (not to be unreasonably withheld or delayed), change the Contractor's xxxxx’s Representative. Where the Contractor xxxxx wishes to do so it shall, shall by written notice to the Authority, Authority propose a substitute representativefor approval, taking account of the need for liaison and continuity in respect of the ContractProject. Appointment Such appointment shall be subject to the approval of Representatives At any time the Authority may appoint more than one Authority(not to be unreasonably withheld or delayed). hubco's Representative and 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 Contractor may appoint more than one Contractor's Representative provided Works and, in each case particular, will not, for the appointer provides written confirmation to the Contractor or Authority as appropriate duration of the extent Works require or request any of its representative's authority. 66NOTICES All notices required them to be issued under 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 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 would adversely affect the validity, legality or enforceability of the remaining parts of this ContractProject.

Appears in 1 contract

Samples: Safety During Construction

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