Revision or Redrafting Sample Clauses

Revision or Redrafting. It shall be the responsibility of the Design Professional to design the Project so that the lowest responsive and responsible bid will not exceed the Stated Cost Limitation. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the construction budget. Notwithstanding this overriding public policy, in the event that the Design Professional finds, in its opinion, that the bid will potentially exceed the Stated Cost Limitation, the Design Professional shall immediately stop work and give written notice to the Owner, who will either revise the budget to increase the Stated Cost Limitation or direct the Design Professional to utilize deductive alternates, or to reduce the scope of the Project. If so directed by the Owner in writing, the Design Professional shall, at no additional cost to the Owner, revise or redraft any and all documents necessary for the construction award of the reduced scope Project so as to bring the Statement of Probable Construction Cost within the Stated Cost Limitation and maintain the Preliminary Design and Construction Schedule; provided, however, if the cost of redesign or inclusion of deductive alternates is extensive, and the budget changes are the result of unexpected market forces, the Design Professional shall be equitably reimbursed for such design services. The Design Professional shall promptly revise without additional compensation those documents that have not been previously approved by the Owner or to which the Owner has reasonable and timely stated objections.
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Revision or Redrafting. It shall be the responsibility of the Design Builder to design the Project so that the GMP or lump sum fixed price will not exceed the GMP Cost Limitation. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the preliminary budget. Notwithstanding this overriding public policy, in the event that the Design Builder finds, in its opinion, that the price will potentially exceed the GMP Cost Limitation, the Design Builder shall immediately stop work and give written notice to the Owner, who will either revise the budget to increase the GMP Cost Limitation or direct the Design Builder to reduce the scope of the Project. If so directed by the Owner in writing, the Design Builder shall, at no additional cost to the Owner, revise or redraft any and all documents necessary for the construction award of the reduced scope project so as to bring the probable cost of construction within the GMP Cost Limitation and maintain the Preliminary Design and Construction Schedule. The Design Builder shall promptly revise without additional compensation those documents that have not been previously approved by the Owner or to which the Owner has reasonable and timely stated objections.
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Revision or Redrafting. It shall be the responsibility of the Design Professional to design the Project so that the lowest responsive and responsible bid will not exceed the Construction Cost Limitation. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the construction budget. Notwithstanding this overriding public policy, in the event that the Design Professional finds, in its opinion, that the bid will potentially exceed the Construction Cost Limitation, the Design Professional shall immediately stop work and give written notice to the Owner, who will either revise the budget to increase the Construction Cost Limitation or direct the Design Professional to reduce the scope of the Project. If so directed by the Owner in writing, the Design Professional shall, at no additional cost to the Owner, revise or redraft any and all documents necessary for the construction award of the reduced scope Project so as to bring the Statement of Probable Construction Cost within the Construction Cost Limitation and maintain the Preliminary Design and Construction Schedule. The Design Professional shall promptly revise without additional compensation those documents that have not been previously approved by the Owner or to which the Owner has reasonable and timely stated objections.
Sample 1Sample 2Sample 3See All (7)
Revision or Redrafting. It shall be the responsibility of the Design Professional to design the Project so that the GMP or lump sum fixed price will not exceed the GMP Cost Limitation. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the preliminary budget. Notwithstanding this overriding public policy, in the event that the Design Professional finds, in its opinion, that the price will potentially exceed the GMP Cost Limitation, the Design Professional shall immediately stop work and give written notice to the Owner, who will either revise the budget to increase the GMP Cost Limitation or direct the Design Professional to reduce the scope of the Project. If so directed by the Owner in writing, the Design Professional shall, at no additional cost to the Owner, revise or redraft any and all documents necessary for the construction award of the reduced scope project so as to bring the probable cost of construction within the GMP Cost Limitation and maintain the Preliminary Design and Construction Schedule. The Design Professional shall promptly revise without additional compensation those documents that have not been previously approved by the Owner or to which the Owner has reasonable and timely stated objections.
Sample 1Sample 2Sample 3See All (6)
Revision or Redrafting. It shall be the responsibility of the Design-Builder through its Design Professional to design the Project so that the GMP or lump sum fixed price will not exceed the GMP Cost Limitation. It is in the best interest of the public, and the intent of the Owner is, that the entire Project be constructed within the funds allocated in the preliminary budget. Notwithstanding this overriding public policy, in the event that the Design-Builder finds, in its opinion, that the price will potentially exceed the GMP Cost Limitation, the Design-Builder shall immediately stop work and give written notice to the Owner, who will either revise the budget to increase the GMP Cost Limitation or direct the Design- Builder to reduce the scope of the Project. If so directed by the Owner in writing, the Design-Builder through its Design Professional shall, at no additional cost to the Owner, revise or redraft any and all documents necessary for the construction award of the reduced scope project so as to bring the probable cost of construction within the GMP Cost Limitation and maintain the Preliminary Design and Construction Schedule. The Design-Builder through its Design Professional shall promptly revise without additional compensation those documents that have not been previously approved by the Owner or to which the Owner has reasonable and timely stated objections.
Sample 1

Related to Revision or Redrafting

  • Drafting Ambiguities The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Contract, and the decision of whether to seek advice of legal counsel with respect to this Contract is the sole responsibility of each party. This Contract shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Contract.

  • Drafting The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

  • Joint Drafting The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

  • Cooperative Drafting This Agreement has been drafted through a cooperative effort of City and Contractor, and both Parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No Party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation or enforcement of this Agreement.

  • Resolution of Drafting Ambiguities Each Loan Party acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation hereof or thereof.

  • Mutual Drafting This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.

  • Mutual Drafting; Interpretation Each party has participated in the drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders. As used in this Agreement, the words “include” and “including,” and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.” As used in this Agreement, references to a “party” or the “parties” are intended to refer to a party to this Agreement or the parties to this Agreement. Except as otherwise indicated, all references in this Agreement to “Sections,” “Exhibits,” “Annexes” and “Schedules” are intended to refer to Sections of this Agreement and Exhibits, Annexes and Schedules to this Agreement. All references in this Agreement to “$” are intended to refer to U.S. dollars. Unless otherwise specifically provided for herein, the term “or” shall not be deemed to be exclusive.

  • No Construction Against Drafting Party The parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.

  • Ambiguities Each Party has had the opportunity to seek the advice of counsel or has refused to seek the advice of counsel. Each Party and its counsel, if appropriate, have participated fully in the negotiation, drafting, review, and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any Party.

  • Drafting Party The provisions of this Agreement, and the documents and instruments referred to herein, have been examined, negotiated, drafted and revised by counsel for each party hereto and no implication shall be drawn nor made against any party hereto by virtue of the drafting of this Agreement.

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