SUBCONTRACTOR'S KNOWLEDGE OF REQUIREMENTS Sample Clauses

SUBCONTRACTOR'S KNOWLEDGE OF REQUIREMENTS. 6.1 Subcontractor acknowledges its inspection of the site for the Work and that it has thoroughly examined the Contract Documents, and the Plans and Specifications with the understanding that the provisions relating to the Work may be set forth throughout different parts of the Contract Documents and the Plans and Specifications; it being the prime purpose of this Agreement to provide for the entire performance and completion of this Subcontractor’s particular portion of the Project. Subcontractor shall be solely responsible for verifying with Contractor’s representative that it possesses the most current set of Plans and Specifications, and all options prepared and approved for construction by Contractor. If Subcontractor, during the performance of the Work, finds discrepancies between the Plans, physical conditions, errors and omissions in the plans or in the layout as given and/or Specifications, it shall be Subcontractor’s responsibility to immediately notify Contractor in writing. Any work performed after such discovery, until authorized to proceed, shall be done at Subcontractor’s risk, until a satisfactory remedy is directed by the Contractor. If Subcontractor proceeds with the work in such a manner as to foreclose alternative design solutions, Subcontractor’s compensation for the Work may be limited to any alternative costing that would have been available to Contractor before Subcontractor continued with the Work. If Subcontractor proceeds with the Work past a point where verification of quantities is possible, Subcontractor’s compensation therefore will be limited to the lesser of the Contract Price or the unit measure of cost for the verified quantity. Prior to ordering any materials or performing any work, Subcontractor shall verify all measurements or conditions at the Project, and shall be responsible for the correctness of same. No extra charge or compensation shall be allowed on account of differences between actual dimensions or conditions, and the measurements and conditions which may be found as indicated in the Plans and Specifications. The soils and geology reports available to each bidder were prepared by Contractor’s or Owner’s consultants and made only for the purpose of study and design. Contractor assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the reports, investigations or of the borings which have been made, and there is no warranty or guarantee, either express or implied, that the conditions i...
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Related to SUBCONTRACTOR'S KNOWLEDGE OF REQUIREMENTS

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Definitions For purposes of this Agreement:

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • NOW, THEREFORE the parties hereto agree as follows:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

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