Responsibility for Design and Construction Sample Clauses

Responsibility for Design and Construction. Developer shall, subject to the terms of this Agreement, the Development Plan and the Project Plan, have the sole right and the responsibility to design, manage, construct and operate the Project. Developer shall receive no separate fee from the UG for acting as construction manager or developer of the Project.
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Responsibility for Design and Construction. Developer shall, subject to the terms of this Agreement and the Project Area 3 Plan, have the sole right, and the responsibility, to design, manage, and construct the Project. Notwithstanding anything set forth herein to the contrary, the Plans and Specifications shall be sealed by the Principal Architect and shall require that the Principal Architect render a certificate upon the completion of the work required thereby that said work has been completed in accordance with all Applicable Laws and Requirements.
Sample 1
Responsibility for Design and Construction. Developer shall receive no separate fee from the UG or Public Financing for acting as construction manager or developer of the Project. Notwithstanding anything set forth herein to the contrary, with respect to construction of the Homefield Project, the Plans and Specifications shall be sealed by Developer's principal architect and shall require that such principal architect render a certificate upon the completion of the work required thereby that said work has been completed in accordance with all Applicable Laws and Requirements.
Sample 1
Responsibility for Design and Construction. 3.3.1 All design and construction of the Improvements shall be done in a good and workmanlike manner and in compliance, at the time of completion, with all Applicable Laws, including, without limitation, all building, life safety and health care codes and all Public Accommodations Laws, and in accordance with the Final Plans. Any provision contained in this Agreement to the contrary notwithstanding, and despite any requirements for Buyer’s approvals set forth in this Agreement, the parties acknowledge and agree that Seller shall be responsible and liable for the proper design and construction of all Improvements and other related work. 3.3.2 In addition to inspection rights provided in Section 3.6, Buyer and its agents or employees shall have access to the Property and, upon written request from Seller, which may be made by Seller in its sole and absolute discretion, Buyer shall in good faith inspect the construction work upon Seller’s completion of a Construction Milestone to determine that the Construction Milestone is acceptable to Buyer and consistent with the Final Plans (such inspection, at Buyer’s request, to be conducted in the presence of Seller or its representative, the Architect and the Contractor); provided, (i) such written request from Seller shall include written sign-off of the completion of such Construction Milestone from a third-party such as a construction consultant, the Architect, or the Contractor and (ii) if the work completed associated with a Construction Milestone is not consistent with the Final Plans, Buyer shall in good faith deliver, no later than ten (10) Business Days after the Buyer’s receipt of the applicable written notice from Seller, a written notice to Seller specifying the reasons such work is not acceptable to Buyer, the manner in which such work is not consistent with the Final Plans, and a punch list relating to the Construction Milestone; provided, however that the failure of Buyer to provide such written notice to Seller shall not relieve Seller of Seller’s obligation to cause the Project to be constructed and delivered in accordance with the Final Plans. Notwithstanding the foregoing, during any inspection of the Project, Buyer shall use commercially reasonable efforts not to interfere unreasonably with or delay work in progress. The “Construction Milestones” are described on Exhibit F attached hereto and made a part hereof by this reference.
Sample 1
Responsibility for Design and Construction. The Owner’s Representative shall promptly report to the Owner any errors, inconsistencies or omissions discovered by or made known to the Owner’s Representative as a result of its review of the Contract Documents or observations of construction. Owner hereby acknowledges that the Owner’s Representative is not, however, responsible or liable for, does not guaranty and will not have control of any aspect of construction means, methods, techniques, sequences, procedures, scheduling or safety programs and precautions which shall be carried out by the Contractor under the Contractor Agreement. Further, Owner’s Representative shall not be responsible for or have control or charge over the acts or omissions of the Architect, the Contractor or any subcontractor hired by the General Contractor (“Subcontractor”), or any of their agents or employees, or any other person performing work on the Project and therefore, shall not be deemed to have guaranteed the recommendations, estimates, drawings, plans, projections, budgets or the performance by any of the foregoing, and shall have no liability in respect thereto. In addition, Owner’s Representative does not represent itself as a provider of legal or accounting services and shall not provide such services to owner. In addition, Owner’s Representative does not represent, warrant or guaranty timing, or any dates of commencement and completion set forth in this Agreement or any schedule prepared by Owner’s representative pursuant to this Agreement.
Sample 1
Responsibility for Design and Construction. Seller shall have the right to approve the following items within ten (10) days after receipt of a notice from Developer identifying such items or a change in such items previously approved and if not approved or disapproved within such period, such items or change in such items will be deemed approved: (i) the general contractor for construction of the Timeshare Project and/or any/each Phase, and (ii) all major subcontractors, and (iii) the length and scope of warranties of construction (not including manufacturer’s warranties) (which shall be no less than two years from issuance of the final and unconditional certificate of occupancy upon completion of construction).
Sample 1

Related to Responsibility for Design and Construction

  • Design and Construction In complying with the requirements of the specification both with respect to arrangement and detail, design is to conform to the best current engineering practice. Each of the several parts of the material is to be of the maker’s standard design provided that this design is in general accordance with the specification. The essence of design should be simplicity and reliability in order to give long continuous service with high economy and low maintenance cost. Particular attention should be paid to internal and external access in order to facilitate inspection, cleaning and maintenance. The design dimensions and materials of all parts are to be such that they will not suffer damage as a result of stresses under the most severe conditions. Fully detailed specifications of the several parts of the material are to be submitted describing particularly the materials to be used. The materials used in the construction of the material are to be of the highest quality and selected particularly to meet the duties required of them. Mechanisms are to be constructed to avoid sticking due to rust or corrosion. Workmanship and general finish are to be of the highest class throughout. All similar parts of the material are to be interchangeable. All equipment is to operate without undue vibration and with the least possible amount of noise and is not to cause a nuisance. All equipment is to be designed to minimize the risk of fire and any damage, which may be caused in the event of fire. The equipment is also to be designed to prevent ingress of all vermin, accidental contact with live parts and to minimize the ingress of dust and dirt. The use of materials, which may be liable to attack by termites or other insects, is to be avoided.

  • 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 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 documentation None of the Security Agent, any Receiver nor any Delegate is responsible or liable for: (a) the adequacy, accuracy or completeness of any information (whether oral or written) supplied by the Security Agent, an Obligor or any other person in or in connection with any Finance Document or the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document, the Transaction Security or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security; or (c) any determination as to whether any information provided or to be provided to any Secured Party is non-public information the use of which may be regulated or prohibited by applicable law or regulation relating to insider dealing or otherwise.

  • SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his / her best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. All aspects of the Project shall be subject to the inspection and approval of the State. Contractor guarantees to repair, replace, re-execute or otherwise correct any defect in workmanship, materials, or the like that fails to conform to the requirements of this Contract or that appears during the progress of the Work or within one year of final acceptance by the State. 4.3.2 The Contractor shall be responsible to the State for the acts and omissions of his / her employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 4.3.3 The Contractor shall not be relieved from his / her obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his / her administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 4.3.4 The Contractor shall acquaint himself (herself / itself) with the limits of the property or right- of-way of the State and shall not trespass on other property. The Contractor shall adequately protect the project, adjacent property and the public, and shall be responsible for any damage or injury due to the Contractor’s act or neglect, and shall save the State harmless in respect thereto. 4.3.5 All work shall be done in such a manner as not to interfere with the State’s operating functions. Contractor and his employees shall familiarize themselves and comply with all rules and regulations applicable to the project. 4.3.6 The Contractor shall keep the premises free from liens arising out of or from the Project. Contractor shall obtain and submit waivers of liens with a request for a progress or final payment.

  • 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.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

  • 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.

  • Review and Construction of Documents Each Party herein expressly represents and warrants to all other Parties hereto that (a) before executing this Agreement, said Party has fully informed itself of the terms, contents, conditions and effects of this Agreement; (b) said Party has relied solely and completely upon its own judgment in executing this Agreement; (c) said Party has had the opportunity to seek and has obtained the advice of its own legal, tax and business advisors before executing this Agreement; (d) said Party has acted voluntarily and of its own free will in executing this Agreement; and (e) this Agreement is the result of arm’s length negotiations conducted by and among the Parties and their respective counsel.

  • PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre-Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services:

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