SB 1402 Statement Sample Clauses

SB 1402 Statement. Senate Xxxx 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39617) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024.
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SB 1402 Statement. Senate Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39617) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here.
Sample 1
SB 1402 Statement. Senate Xxxx 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39617) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $5,000 per unit per strict liability violation under Health and Safety Code section 43154 and 43211. The penalty obtained in this case is approximately $5,000.00 per unit for 4 units. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. ARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43154, is appropriate because ARB alleged that Krone NA manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into California off-road compression- ignition engines that were not certified pursuant to California Code of Regulations, Title 13, section 2420 et. seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the noncertified engines. However, since the off-road compression-ignition engines were not certified for sale in California, all emissions attributable to them are illegal and excess as well.
Sample 1
SB 1402 Statement. Senate Xxxx 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39619.7) requires the CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The maximum per unit penalty in this case is $500 per unit per strict liability violation. The penalty obtained in this case is approximately $21.29 per unit for 90,544 units. This reflects the facts that this was an unintentional, first time violation of this type and HONDA promptly and fully cooperated with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. CARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43016, is appropriate because HONDA sold, supplied, offered for sale, advertised, and/or manufactured for sale in California small off- road engines that did not meet the evaporative limits. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. As described above, the emissions from the engines sold by HONDA exceeded Honda’s self-selected EMEL. However, given variability in use patterns associated with these engines, it is not practicable to quantify the excess emissions here.
Sample 1
SB 1402 Statement. Senate Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39619.7) requires the CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case for alleged violations that occurred prior to January 1, 2017, is a maximum of five hundred dollars ($500) per unit per strict liability violation. The per unit penalty in this case for alleged violations that occurred on or after January 1, 2017, is a maximum of thirty-seven thousand five hundred dollars ($37,500) per unit per strict liability violation. The penalty obtained in this case is approximately two hundred and fifty dollars ($250) per unit for 918 Subject Parts. This reflects the fact that this was a first time violation alleged for J&P; J&P’s good faith and expeditious efforts to correct the alleged violations, including actions prior to the issuance of an NOV; the size of J&P; and J&P’s cooperation with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provisions being applied in this case are Health and Safety Code sections 43008.6 and 43016, because J&P allegedly sold, offered for sale, and/or advertised the Subject Parts that were not exempted pursuant to Vehicle Code sections 27156 and California Code of Regulations, title 13, sections 2220 et seq. The penalty provisions of Health and Safety Code sections 43008.6 and 43016 apply to violations of the Aftermarket Parts Regulations because the Regulations were adopted under authority of Health and Safety Code section 43013, which is in Part 5 of Division 26 of the Health and Safety Code. Whether the penalty is being assed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to...
Sample 1
SB 1402 Statement. Senate Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39619.7) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $500 per unit per strict liability violation. The penalty obtained in this case is based on a $400 per unit penalty for the seven units that were sold to California consumers – and $300 per unit for the nine units that Toro voluntarily removed out of California at considerable expense. The penalty was reduced because this was an unintentional, first time violation which resulted from the actions of Toro’s supplier, Onyx; Xxxx’s exceptionally diligent efforts to comply promptly, to voluntarily remove products and to fully cooperate with the investigation, and the nature and means of discovery of the violations under Toro’s self-disclosure. ARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43016, is appropriate because TORO allegedly sold engines not certified by ARB. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. However, since the converted small off-road engines involved in this case were illegal for use or sale in California, when they were shipped into California all of the emissions attributable to them are illegal and excess as well.
Sample 1
SB 1402 Statement. Senate Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39619.7) requires the CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $37,500.00 per unit sold after January 1, 2017 and $500 for those units sold before January 1, 2017 per strict liability violation. The penalty obtained in this case is approximately $250 per unit for approximately 74 Subject Parts. This reflects the fact that this was an unintentional, first time violation by Vortech, Vortech’s cooperation with the investigation, and the speedy efforts taken by the company to correct the issue. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. CARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43016, is appropriate because Vortech allegedly sold, and/or offered for sale, and/or advertised the subject non-California certified aftermarket parts that were not exempted pursuant to California Code of Regulations, title 13, section 2222. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so.
Sample 1
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SB 1402 Statement. Senate Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39619.7) requires CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit, or vehicle, penalty in this case is a maximum of $5000 per unit, $500 per unit, and $50 per unit per strict liability violation for the sale of illegal vehicles; per non-complying OBD, undisclosed running changes and/or field fixes; and per test program violation, respectively. The penalty obtained in this case is on average $252.41 per unit for 23,281 units. This reflects the facts that PORSCHE timely and thoroughly self-disclosed these violations, these were first time violations, and PORSCHE’s diligent efforts to comply and to cooperate with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. CARB alleges that the penalty provisions being applied in this case, Health and Safety Code sections 43016, 43154, and 43212, are appropriate because PORSCHE allegedly imported, delivered, received, acquired, sold, and/or offered for sale new motor vehicle engines in violation of Health and Safety Code sections 43151-43153, sold OBD non-compliant vehicles, implemented undisclosed running changes and/or field fixes, and failed to comply with the 2015 TP. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above prohibit emissions above a specified level. However, it is not practicable to quantify these emissions, to the extent there are any, because the information necessary to do so, such as emission rates and time of use, would require a large expenditure of resources by the Parties to obtain. There are no testing results readily available that would indicate how much emissions increased, if at all, as a result of the use of the vehicles impacted by the facts and allegations described in paragr...
Sample 1
SB 1402 Statement. Senate Xxxx 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39619.7) requires the CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The maximum per unit penalty in this case is $500 per unit per strict liability violation. The penalty obtained in this case is $250.00 per unit for 721 units. This reflects the facts that this was an unintentional, first time violation of this type; KAWASAKI promptly and fully cooperated with the investigation, and to correct the violations; there were no adverse environmental consequences because a running change to increase the EMEL for the subject engines was subsequently approved by CARB; and KAWASAKI is surrendering 985.8 evaporative credits. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. CARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43016, is appropriate because KAWASAKI sold, supplied, offered for sale, advertised, and/or manufactured for sale in California small off- road engines that did not meet the evaporative limits. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. KAWASAKI alleges that the subject units did not increase emissions, because a running change for the subject engines was subsequently approved by CARB.
Sample 1

Related to SB 1402 Statement

  • Financial Statements, Reports, Certificates Until such time as Borrower shall have become a publicly reporting company under the Exchange Act, Borrower shall deliver to Agent and each of the Major Lenders (and any other Lender upon such Lender’s written request to Borrower): (a) as soon as available, but in any event within thirty (30) days after the end of each month, a company prepared balance sheet, income statement and cash flow statement covering Borrower’s operations during such period, certified by Borrower’s president, controller or chief financial officer (each, a “Responsible Officer”); (b) as soon as available, but in any event within one hundred eighty (180) days after the end of Borrower’s fiscal year commencing with Borrowers’ fiscal year 2010, audited financial statements of Borrower prepared in accordance with GAAP, together with an unqualified opinion (other than a qualification for a going concern) on such financial statements of a nationally recognized or other independent public accounting firm reasonably acceptable to Agent; (c) as soon as available, but in any event within ninety (90) days after the end of Borrower’s fiscal year or the date of Borrower’s board of directors’ adoption, Borrower’s operating budget and plan for the next fiscal year and (d) such other financial information as the Lenders may reasonably request from time to time. In addition, Borrower shall deliver to Agent and each of the Major Lenders (and any other Lender upon such Lender’s written request to Borrower): (i) promptly upon becoming available, copies of all statements, reports and notices sent or made available generally by Borrower to its security holders; and (ii) immediately upon receipt of notice thereof, a report of any material legal actions pending or threatened against Borrower or the commencement of any action, proceeding or governmental investigation involving Borrower is commenced that is reasonably expected to result in damages or costs to Borrower of Two Hundred Fifty Thousand Dollars ($250,000).

  • Financial Statements, etc The financial statements, including the notes thereto and supporting schedules included in the Registration Statement, the Pricing Disclosure Package and the Prospectus, fairly present the financial position and the results of operations of the Company at the dates and for the periods to which they apply; and such financial statements have been prepared in conformity with U.S. generally accepted accounting principles (“GAAP”), consistently applied throughout the periods involved (provided that unaudited interim financial statements are subject to year-end audit adjustments that are not expected to be material in the aggregate and do not contain all footnotes required by GAAP); and the supporting schedules included in the Registration Statement present fairly the information required to be stated therein. Except as included therein, no historical or pro forma financial statements are required to be included in the Registration Statement, the Pricing Disclosure Package or the Prospectus under the Securities Act or the Securities Act Regulations. The pro forma and pro forma as adjusted financial information and the related notes, if any, included in the Registration Statement, the Pricing Disclosure Package and the Prospectus have been properly compiled and prepared in accordance with the applicable requirements of the Securities Act and the Securities Act Regulations and present fairly the information shown therein, and the assumptions used in the preparation thereof are reasonable and the adjustments used therein are appropriate to give effect to the transactions and circumstances referred to therein. All disclosures contained in the Registration Statement, the Pricing Disclosure Package or the Prospectus regarding “non-GAAP financial measures” (as such term is defined by the rules and regulations of the Commission), if any, comply with Regulation G of the Exchange Act and Item 10 of Regulation S-K of the Securities Act, to the extent applicable. Each of the Registration Statement, the Pricing Disclosure Package and the Prospectus discloses all material off-balance sheet transactions, arrangements, obligations (including contingent obligations), and other relationships of the Company with unconsolidated entities or other persons that may have a material current or future effect on the Company’s financial condition, changes in financial condition, results of operations, liquidity, capital expenditures, capital resources, or significant components of revenues or expenses. Except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, (a) neither the Company nor any of its direct and indirect subsidiaries, including each entity disclosed or described in the Registration Statement, the Pricing Disclosure Package and the Prospectus as being a subsidiary of the Company (each, a “Subsidiary” and, collectively, the “Subsidiaries”), has incurred any material liabilities or obligations, direct or contingent, or entered into any material transactions other than in the ordinary course of business, (b) the Company has not declared or paid any dividends or made any distribution of any kind with respect to its capital stock, (c) there has not been any change in the capital stock of the Company or any of its Subsidiaries, or, other than in the course of business, any grants under any stock compensation plan, and (d) there has not been any material adverse change in the Company’s long-term or short-term debt.

  • SUBMISSION OF THE MONTHLY MI REPORT 4.1 The completed MI Report shall be completed electronically and returned to the Authority by uploading the electronic MI Report computer file to MISO in accordance with the instructions provided in MISO. 4.2 The Authority reserves the right (acting reasonably) to specify that the MI Report be submitted by the Supplier using an alternative communication to that specified in paragraph 4.1 above such as email. The Supplier agrees to comply with any such instructions provided they do not materially increase the burden on the Supplier.

  • Annual Statement The Plan Administrator shall provide to the Executive, within one hundred twenty (120) days after the end of each Plan Year, a statement setting forth the benefits to be distributed under this Agreement.

  • Financial Statements, Reports, etc In the case of the Borrower, furnish to the Administrative Agent, which shall furnish to each Lender: (a) within 120 days after the end of each fiscal year, its consolidated balance sheet and related statements of income, stockholders’ equity and cash flows showing the financial condition of the Borrower and its consolidated Subsidiaries as of the close of such fiscal year and the results of its operations and the operations of such Subsidiaries during such year, together with comparative figures for the immediately preceding fiscal year, all audited by UHY LLP or other independent public accountants of recognized national standing and accompanied by an opinion of such accountants (which opinion shall be without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements fairly present the financial condition and results of operations of the Borrower and its consolidated Subsidiaries on a consolidated basis in accordance with GAAP consistently applied; (b) within 45 days after the end of each of the first three fiscal quarters of each fiscal year, its consolidated balance sheet and related statements of income, stockholders’ equity and cash flows showing the financial condition of the Borrower and its consolidated Subsidiaries as of the close of such fiscal quarter and the results of its operations and the operations of such Subsidiaries during such fiscal quarter and the then elapsed portion of the fiscal year, and comparative figures for the same periods in the immediately preceding fiscal year, all certified by one of its Financial Officers as fairly presenting the financial condition and results of operations of the Borrower and its consolidated Subsidiaries on a consolidated basis in accordance with GAAP consistently applied, subject to normal year-end audit adjustments and the absence of footnotes; (c) concurrently with any delivery of financial statements under paragraph (a) or (b) above, a certificate of the accounting firm (in the case of paragraph (a)) or Financial Officer (in the case of paragraph (b)) opining on or certifying such statements (which certificate, when furnished by an accounting firm, may be limited to accounting matters and disclaim responsibility for legal interpretations) (i) certifying that no Event of Default or Default has occurred or, if such an Event of Default or Default has occurred, specifying the nature and extent thereof and any corrective action taken or proposed to be taken with respect thereto and (ii) setting forth computations in reasonable detail satisfactory to the Administrative Agent demonstrating compliance with the covenants contained in Sections 6.10 and 6.11 and, in the case of a certificate delivered with the financial statements required by paragraph (a) above, setting forth the Borrower’s calculation of Excess Cash Flow; (d) within 90 days after the beginning of each fiscal year of the Borrower, a detailed consolidated budget for such fiscal year (including a projected consolidated balance sheet and related statements of projected operations and cash flows as of the end of and for such fiscal year and setting forth the assumptions used for purposes of preparing such budget) and, promptly when available, any significant revisions of such budget; (e) promptly after the same become publicly available, copies of all periodic and other reports, proxy statements and other materials filed by Holdings, the Borrower or any Subsidiary with the Securities and Exchange Commission, or any Governmental Authority succeeding to any or all of the functions of said Commission, or with any national securities exchange, or distributed to its shareholders, as the case may be; (f) promptly after the receipt thereof by Holdings or the Borrower or any of their respective subsidiaries, a copy of any “management letter” received by any such person from its certified public accountants and the management’s response thereto; (g) promptly after the request by any Lender, all documentation and other information that such Lender reasonably requests in order to comply with its ongoing obligations under applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT Act; (h) promptly after the request by the Administrative Agent or any Lender, on and after the effectiveness of the applicable provisions of the Pension Act, copies of (i) any documents described in Section 101(k)(l) of ERISA that the Borrower or any of its ERISA Affiliates may request with respect to any Multiemployer Plan and (ii) any notices described in Section 101(1)(1) of ERISA that the Borrower or any of its ERISA Affiliates may request with respect to any Multiemployer Plan; provided that if the Borrower or any of its ERISA Affiliates has not requested such documents or notices from the administrator or sponsor of the applicable Multiemployer Plan, the Borrower or the applicable ERISA Affiliate shall promptly make a request for such documents or notices from such administrator or sponsor and shall provide copies of such documents and notices promptly after receipt thereof; and (i) promptly, from time to time, such other information regarding the operations, business affairs and financial condition of Holdings, the Borrower or any Subsidiary, or compliance with the terms of any Loan Document, as the Administrative Agent or any Lender may reasonably request. Documents required to be delivered pursuant to Section 5.04(e) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (i) on which the Borrower posts such documents, or provides a link thereto at xxxx://xxx.xxxxxx.xxx/www/strlab/; or (ii) on which such documents are posted on the Borrower’s behalf on an Internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or sponsored by the Administrative Agent); provided that: (x) the Borrower shall deliver paper copies of such documents to the Administrative Agent if it so requests or to any Lender that so requests the Borrower to deliver such paper copies and (y) the Borrower shall notify the Administrative Agent and each Lender of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents.

  • Monthly Financial Statements As soon as available, but no later than thirty (30) days after the last day of each month, a company prepared consolidated balance sheet and income statement covering Borrower’s consolidated operations for such month certified by a Responsible Officer and in a form acceptable to Bank (the “Monthly Financial Statements”);

  • Periodic Statement Each month we will send you a periodic statement for each Credit Card account you have with us covering the previous billing period. We may not send you a statement if your balance is zero and there were no transactions during the billing period. The statement will have a "Statement Closing Date" and a "Payment Due Date," and will show, among other things, your "Previous Balance," your "New Balance," and your minimum monthly payment, which will be shown as "Minimum Payment Due." The periodic statement is part of this Agreement. If you choose to receive periodic statements electronically, the statements will be deemed to have been sent to you when they are first made available for you to view online.

  • Final Report The goal of this subtask is to prepare a comprehensive Final Report that describes the original purpose, approach, results, and conclusions of the work performed under this Agreement. The CAM will review the Final Report, which will be due at least two months before the Agreement end date. When creating the Final Report Outline and the Final Report, the Recipient must use the Style Manual provided by the CAM.

  • Financial Statements Statistical Data 2.6.1. The financial statements, including the notes thereto and supporting schedules included in the Registration Statement and the Prospectus, fairly present the financial position and the results of operations of the Company at the dates and for the periods to which they apply. Such financial statements have been prepared in conformity with generally accepted accounting principles of the United States, consistently applied throughout the periods involved, and the supporting schedules included in the Registration Statement present fairly the information required to be stated therein. No other financial statements or supporting schedules are required to be included in the Registration Statement. The Registration Statement discloses all material off-balance sheet transactions, arrangements, obligations (including contingent obligations), and other relationships of the Company with unconsolidated entities or other persons that may have a material current or future effect on the Company's financial condition, changes in financial condition, results of operations, liquidity, capital expenditures, capital resources, or significant components of revenues or expenses. There are no pro forma or as adjusted financial statements which are required to be included in the Registration Statement and the Prospectus in accordance with Regulation S-X which have not been included as so required. 2.6.2. The statistical, industry-related and market-related data included in the Registration Statement and the Prospectus are based on or derived from sources which the Company reasonably and in good faith believes are reliable and accurate, and such data agree with the sources from which they are derived.

  • Monthly Statement The Contractor shall submit a statement to the Engineer at the end of each month, in a tabulated form approved by the Engineer, showing the amounts to which the Contractor considers himself to be entitled. The statement shall include the following items, as applicable; - the value of the Permanent Work executed up to the end of previous month - such an amount (not exceeding 75 percent of the value) as the Engineer may consider proper on account of materials for permanent work delivered by the Contractor in the site - such amount as the Engineer may consider fair and reasonable for any Temporary Works for which separate amounts are provided in the Bill of Quantities - adjustments under Clause 70 - any amount to be withheld under retention provisions of Sub-clause 60.3 - any other sum to which the Contractor may be entitled under the Contract If the Engineer disagrees with or cannot verify any part of the statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall make such changes and corrections in the statement as may be directed by the Engineer. In cases where there is difference in opinion as to the value of any item, the Engineer’s view shall prevail.

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