Responsibility for Cost Overruns Sample Clauses

Responsibility for Cost Overruns. (a) As provided by Ordinance No. 190180, PBOT will be responsible only for the percentage of Cost-Overruns equal to the percentage that the Project Cost is paid for with TSDC revenue, which percentage is estimated as of the Effective Date to be approximately seventeen percent (17%). (b) Notwithstanding the foregoing, as provided by Ordinance No. 190180, PBOT will not be responsible for any Cost-Overruns attributable to contaminated media removal costs that exceed $4,507,714, which is the sum of the costs for the work labeled as “Contaminated Groundwater Disposal,” “Contaminated Media Disposal,” “HASP/CMDP Work Plans,” “Hazardous Waste Contingency,” and “Preferential Pathway Mitigation” on Exhibit E to Ordinance No. 190180. (c) To the extent that PBOT is responsible for Cost-Overruns, such costs will not be assessed against the Broadway Corridor LID, without Prosper Portland’s prior written approval, which may be withheld in Prosper Portland’s sole discretion, as the intent of the parties is to keep the LID payments as low as possible. PBOT acknowledges and agrees that the parties have anticipated that PBOT would pay any Cost-Overruns for which PBOT is responsible from other non-LID funding sources. (d) Prosper Portland will be responsible for the Cost-Overruns that are not the responsibility of PBOT, as set forth above.
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Responsibility for Cost Overruns. ‌ 8 A “Cost Overrun” exists if, upon Substantial Completion of the Project 9 Improvements, the actual cost of the Project Improvements exceeds the Final Project Budget 10 amount without regard to the Project Contingency, excluding cost increases that are to be paid as 11 City Costs, PWH Costs or as XXX Costs. Cost Overruns shall be funded as follows: 12 17.3.1 If the City, PWH or XXX determines that a Cost Overrun may be likely, 13 the Party making such a determination will give written notice of that fact to the other Parties, 14 with an explanation of the reason for the Cost Overrun and the anticipated amount of the Cost
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Responsibility for Cost Overruns. ExxonMobil or its Affiliate shall pay Symyx DTools, pursuant to Section 7.03, for a particular Discovery Tools System, provided that the actual Tools Cost for such system does not exceed * of the original detailed cost estimate provided to ExxonMobil or such Affiliate pursuant to Section 7.02. If the actual Tools Cost for such system exceeds * of the detailed cost estimate, then the excess (i.e., the amount by which the actual Tools Cost exceeds * of the original detailed cost estimate) shall not be subject to the relevant price multiplier set forth in Section 7.03, and ExxonMobil or such Affiliate shall reimburse Symyx DTools only for * of such excess. The provisions in this Section 7.02.2 are dependent on the compliance of the Discovery Tools System with the final specifications as described in Section 7.02.
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Responsibility for Cost Overruns. EMRE, EMCC or the Affiliate (as applicable) will pay Symyx Tools, pursuant to Section 5.3, for each Discovery Tools System, provided that the actual Tools Cost for the system does not exceed [ * ] of the original detailed cost estimate provided pursuant to Section 5.2 (as adjusted for changes pursuant to Section 5.2(a) above). If the actual Tools Cost for a system exceeds [ * ] of the detailed cost estimate (as adjusted), then the excess (i.e., the amount by which the actual Tools Cost exceeds [ * ] of the original detailed cost estimate (as adjusted)) will not be subject to the price multiplier set forth in Section 5.3, and EMRE, EMCC or the Affiliate (as applicable) will reimburse Symyx Tools only for [ * ] of the excess.
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Related to Responsibility for Cost Overruns

  • Responsibility for Costs The Servicer is responsible for collection from such Borrower of any recording or similar costs or expenses incidental to the granting of relief with respect to a delinquent Mortgage Loan.

  • Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor’s website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss arising within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the Property, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Responsibility for Charges 4.1 CBB shall be responsible for and pay to Verizon all charges for any Telecommunications Services provided by Verizon or provided by persons other than Verizon and billed for by Verizon, that are ordered, activated or used by CBB, CBB Customers or any other persons, through, by means of, or in association with, Telecommunications Services provided by Verizon to CBB pursuant to this Resale Attachment. 4.2 Upon request by CBB, Verizon will provide for use on resold Verizon retail Telecommunications Service dial tone lines purchased by CBB such Verizon retail Telecommunications Service call blocking and call screening services as Verizon provides to its own end user retail Customers, where and to the extent Verizon provides such Verizon retail Telecommunications Service call blocking services to Verizon’s own end user retail Customers. CBB understands and agrees that certain of Verizon’s call blocking and call screening services are not guaranteed to block or screen all calls and that notwithstanding CBB’s purchase of such blocking or screening services, CBB’s end user Customers or other persons ordering, activating or using Telecommunications Services on the resold dial tone lines may complete or accept calls which CBB intended to block. Notwithstanding the foregoing, CBB shall be responsible for and shall pay Verizon all charges for Telecommunications Services provided by Verizon or provided by persons other than Verizon and billed for by Verizon in accordance with the terms of Section 4.1 above.

  • Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

  • Responsibility For Use (a) The Company alone will be responsible for furnishing, or arranging for a third party to furnish, all data and information required by the Documentation and the specifications therein for the Licensed System to function and perform in accordance with the Documentation, other than the data and information residing in the Licensed System in connection with BNYM’s performance of the Core Services. BNYM shall have no liability or responsibility for any Loss caused in whole or in part by the Company’s or a Permitted User’s exercise of the Licensed Rights or use of the Licensed System or by data or information of any nature inputted into the Licensed System by or under the direction or authorization of Company or a Permitted User; provided, however, this Section 2.5 shall not relieve BNYM of its obligation to act in accordance with its obligations under the Main Agreement. Company shall be responsible and solely liable for the cost or expense of regenerating any output or other remedial action if the Company, a Permitted User or an agent of either shall have failed to transmit properly and in the correct format any data or information, shall have transmitted erroneous or incorrect information or data, or shall have failed to timely verify or reconcile any such data or information when it is generated by the Licensed System (“Data Faults”).

  • Responsibility for Contract Administration The Servicer will have the sole obligation to manage, administer, service and make collections on the Contracts and perform or cause to be performed all contractual and customary undertakings of the holder of the Contracts to the Obligor. The Owner Trustee, at the written request of a Servicing Officer, shall furnish the Servicer with any powers of attorney or other documents necessary or appropriate in the opinion of the Owner Trustee to enable the Servicer to carry out its servicing and administrative duties hereunder. The Servicer is hereby appointed the servicer hereunder until such time as any Service Transfer may be effected under Article VIII.

  • Responsibility for Payment The Company shall not be responsible for the payment of time used by an employee in the investigation and settlement of a grievance.

  • Responsibility of Contractor a. Contractor shall be held strictly responsible for the proper performance of all work covered by the Contract Documents, including all work performed by Subcontractors. All work performed under this Contract shall comply in every respect to the rules and regulations of all agencies having jurisdiction over the Project or any part thereof. b. Contractor shall submit Verified Reports as defined in §§4-336 and 4-343 (c), Group 1, Chapter 4, Part I, Title 24, California Code of Regulations (“CCR”). The duties of the Contractor are as defined in §4-343, Group 1, Chapter 4, Part I, Title 24, of the CCR. Contractor shall keep and make available a copy of Title 24 of the CCR at the job site at all times. c. Where, because of short supply, any item of fabricated materials and/or equipment, indicated on drawings or specified is unobtainable and it becomes necessary, with the consent of the Project Manager, to substitute equivalent items differing in details or design, the Contractor shall promptly submit complete drawings and details indicating the necessary modifications of the work. This provision shall be governed by the terms of the General Conditions regarding Submittals: Shop Drawings, Cuts and Samples. d. With respect to work performed at and near a school site, Contractor shall at all times take all appropriate measures to ensure the security and safety of students and staff, including, but not limited to, ensuring that all of Contractor’s employees, Subcontractors, and suppliers entering school property strictly adhere to all applicable District policies and procedures, e.g., sign-in requirements, visitor badges, and access limitations.

  • Responsibility for Property Except as expressly set forth in Section 3.25, Contractor shall limit its operations to the Stage 2 Site. Contractor shall plan and conduct its operations so that neither Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon lands (other than the Stage 2 Site and Off-Site Rights of Way and Easements) or waterbodies in their natural state unless authorized by the appropriate owner or entity; (ii) close or obstruct any utility installation, highway, waterway, harbor, road or other property unless Permits are obtained and authorized by the appropriate entity or authority; or (iii) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone, conduit or electric transmission line, ditch, navigational aid, dock or structure unless otherwise specifically authorized by the appropriate entity or authority. The foregoing includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. If damage occurs to Subproject 1 or Subproject 2 prior to substantial completion of such applicable Subproject 1 or Subproject 2, liability for such damage shall be governed by the Stage 1 EPC Agreement.

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