The Independent Engineer Sample Clauses

The Independent Engineer. Concessioning Authority shall require the Concessionaire to carry out or cause to be carried out tests, at its own cost, to determine that such remedial measures have brought the Project into compliance with the Maintenance Requirements and the procedure set forth in this Clause 19.4 shall be repeated until the Project conforms to the Maintenance Requirements. In the event that remedial measures are not completed by the Concessionaire in
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The Independent Engineer. 14.6.1.1 shall not assign, transfer, mortgage or charge with an Encumbrance any right or obligation under this Agreement without the prior written consent of the PA Parties, which each of them may give or withhold in its absolute and unfettered discretion; and 14.6.1.2 agrees that any assignment, transfer, mortgage or Encumbrance shall not operate to release or discharge the Independent Engineer from any obligation or liability under this Agreement.
Sample 1
The Independent Engineer. 2.1 The Independent Engineer's scope of work shall be as follows: (a) Develop the Commissioning Protocol to be followed by the Parties and the Independent Engineer in respect of the Commissioning of the Substation, the Interconnection Facilities and the connection between them; (b) Issue commissioning and testing certificates in accordance with Schedule 10, including verifying and certifying reports evidencing satisfactory execution of all required tests and controls in respect of the Substation, the Interconnection Facilities and the connection between them, each String of Wind Turbines, Metering System in accordance with requirements set out in Schedule 1, Meteorological Masts and Whole Wind Farm (monitoring the whole wind farm trial operation test in compliance with the System Grid Code for the duration of the trial operation, as required by Schedule 10 in respect of Whole Wind Farm Commissioning); (c) Monitor and witness such of those tests and review procedures set out in this Schedule 10 for commissioning and testing the wind farm equipment as the Independent Engineer, in his expert opinion, considers appropriate; (d) Report and monitor that the performance of the wind farm complies with the requirements of the System Grid Code, international standards and Metering Code and their amendments; (e) Report at fortnightly intervals on the progress of works and planned schedule of installation, testing and commissioning and visit the Site on a reasonable timely basis; (f) Confirm the achievement of the agreed provisions regarding capacity, manufacturer and type of Wind Turbine as specified in Schedule 7; (g) Confirm that the equipment when installed is newly manufactured in accordance with the Article 12.1.1 of the PPA; (h) Certify the computerized Billing System; (i) Certify the achievement of the Commercial Operation Date as set out in Schedule 10; (j) Verify the existence of a valid type certification of the Wind Turbines; (k) Providing any other certification required of the Independent Engineer in this Agreement.
Sample 1
The Independent Engineer. 16.1 The Authority shall procure that the Independent Engineer shall monitor the progress of the Works and the Expansion Works upon the Site, and the Authority and the Contractor agree that the Independent Engineer shall be entitled to exercise rights, in accordance with the provisions of Schedule O. The Authority shall further require the Independent Engineer to inform the Authority of all matters of concern to the Independent Engineer which are likely to prevent or delay the Engineer's Declaration in accordance with Clause 28 (Engineer's Declaration) or the Further Engineer's Declaration in accordance with Clause 28A (Further Engineer's Declaration). The Independent Engineer shall have no authority to approve or accept the Contractor's performance of its obligations under the Contract as being satisfied or discharged except as provided in Clause 28 or Clause 28A. Save as otherwise agreed in writing by the Authority which agreement to be effective must refer to this Clause 16.1, notwithstanding the foregoing, the Authority shall inform the Contractor promptly of all matters of concern brought to the attention of the Authority by the Independent Engineer which are likely to prevent or delay the issue of the Engineer's Declaration in accordance with Clause 28 or the Further Engineer's Declaration in accordance with Clause 28A. Save as otherwise agreed in writing by the Authority which agreement to be effective must refer to this Clause 16.1, nothing done by the Authority or the Independent Engineer in accordance with this Clause 16 or Schedule O shall in any respect relieve or absolve the Contractor from its responsibility for the design of the Works and the Expansion Works or the provision of the Secure Training Centre and/or the Expansion Works under or in connection with the Contract. 16.2 In the event that the Contractor seeks to vary any term of the Contract in relation to the Works, Expansion Works or Schedules A, A1, B or B1 (by addition, deletion or amendment), it shall notify the Authority of the proposed variation, and shall furnish the Authority with such details of the proposed variation as the Authority may require. The Independent Engineer shall have no power or authority to approve or refuse any proposed variation of the Contract. 16.3 Without prejudice to the Authority's rights of access and inspection at any time from the Date of Contract pursuant to Clause 42.1 (Monitoring, Inspection and Access) and to the Contractor's obligations pursuan...
Sample 1
The Independent Engineer. During commissioning, the Parties agree that the Independent Engineer shall have the right to review and comment on the test procedures and documents developed under this Schedule (Commissioning and Testing) to the extent necessary to enable the Independent Engineer to confirm the results of commissioning and otherwise to carry out the obligations and duties of the Independent Engineer.
Sample 1
The Independent Engineer. 17.1 The Independent Engineer shall be appointed by the Ministry of Economy on behalf of KOSTT in accordance with the relevant provisions of the Project Development Agreement. 17.2 Any dispute during the construction process shall be referred to the Independent Engineer for resolution. Both KOSTT and the Producer will agree to abide by the Independent Engineer's decision. 17.3 The costs of the Independent Engineer shall be borne by the Ministry of Economy. 17.4 If both Parties agree, then a particular dispute may be referred to an alternative party who will act as the Independent Engineer for that particular dispute. This may be the case if that alternative party is considered to be an expert in the area of that particular dispute.
Sample 1

Related to The Independent Engineer

  • Independent Engineer Contractor shall cooperate with Independent Engineer in the conduct of his or her duties in relation to the Project and the Work, including the duties listed in Attachment CC. No review, approval or disapproval by Independent Engineer shall serve to reduce or limit the liability of Contractor to Owner under this Agreement.

  • Geotechnical Engineer « »« » « » « » « » « »

  • Response/Compliance with Audit or Inspection Findings A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, inspection or investigation of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Xxxxxxx's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. C. Grantee shall include the requirement to provide to System Agency (and any of its duly authorized federal, state, or local authorities) internal audit reports related to this Grant Agreement in any Subcontract it awards. Upon request by System Agency, Grantee shall enforce this requirement against its Subcontractor. Further, Grantee shall include in any Subcontract it awards a requirement that all Subcontractor Subcontracts must also include these provisions.

  • Appointment of Independent Engineer The Authority shall appoint a consulting engineering firm from a panel of 10 (ten) firms or bodies corporate, constituted by the Authority substantially in accordance with the selection criteria set forth in Schedule-P, to be the independent consultant under this Agreement (the “Independent Engineer”). The appointment shall be made no later than 90 (ninety) days from the date of this Agreement and shall be for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-P to be the Independent Engineer for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment.

  • Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code Xxx., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code Xxx., Chapter 1052, a person licensed as a professional engineer pursuant to Tex. Occ. Code Xxx., Chapter 1001 and/or a firm employed by Owner or a design-build contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

  • ENGINEER The individual or entity named as such in this Agreement.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Independent Auditor If: (a) the Provider is the Distributor and, acting reasonably, gives notice that the Records contain information about other industry participants that cannot reasonably be severed from the information relating to the Trader or that the information is commercially sensitive; or (b) the provider is the Trader and, acting reasonably, gives notice that the Records contain information about other industry participants that cannot reasonably be severed from information relating to the Distributor or that the information is commercially sensitive, then the Distributor or the Trader, as appropriate, will permit an independent auditor (the “Auditor”) appointed by the other party to review the Records and the other party will not itself directly review any of the Records. The Distributor or the Trader, as appropriate, will not unreasonably object to the Auditor appointed by the other party. In the event that the Distributor or the Trader, as appropriate, reasonably objects to the identity of the Auditor, the parties will request the President of the New Zealand Law Society (or a nominee) to appoint a person to act as the Auditor. The party that is permitted by this clause 31.5 to appoint an Auditor will pay the Auditor’s costs, unless the Auditor discovers a material inaccuracy in the Records in which case the other party will pay the Auditor’s costs. The terms of appointment of the Auditor will require the Auditor to keep the Records confidential.

  • Environmental Audit If required by the Administrative Agent, reports and other information in form, scope and substance satisfactory to the Administrative Agent and prepared by environmental consultants satisfactory to the Administrative Agent, concerning any environmental hazards or liabilities to which any Credit Party may be subject with respect to such Additional Mortgaged Property; and

  • Goods Inspection The Commissioner of DAS, in consultation with the Client Agency, shall determine the manner and prescribe the inspection of all Goods and the tests of all samples submitted to determine whether they comply with all of the specifications in the Contract. If any Goods fail in any way to meet the specifications in the Contract, the Client Agency or the Commissioner of DAS may, in its sole discretion, either reject it and owe nothing or accept it and pay for it on an adjusted price basis, depending on the degree to which the Goods meet the specifications. Any decision pertaining to any such failure or rejection shall be final and binding.

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