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The Public Entity Shall Sample Clauses

The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1. b. Submit an estimate of the Project, including work to be performed and cost to the District Engineer within thirty (30) calendar days of execution of this Agreement, or as otherwise agreed to in writing by the parties. c. Be solely responsible for all local matching funds identified in Section 2. Certify that these matching funds have been appropriated, budget and approved for expenditure prior to execution of this Agreement. d. Pay all costs, perform/supply or contract for labor and material, for the purpose as described in Section 1 and the Project estimate approved by the District Engineer. e. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. f. In accordance with project parameters, assume the lead planning and implementation role and sole responsibility for providing local matching funds; environmental, archaeological, utility clearances; railroad and Intelligent Transportation System (ITS) clearances; right-of- way acquisition; project development and design; and project construction and management. g. Cause all designs and plans to be performed under the direct supervision of a Registered New Mexico Professional Engineer, when applicable, as determined by the Department. h. Obtain all required written agreements or permits, when applicable, from all public and private entities. i. Allow the Department to inspect the Project to determine that the Project is being constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet such requirements and standards as determined by the Department, will result in termination, for default, including without limitation the Public Entity’s costs for funding, labor, equipment and materials. j. Complete the project within eighteen (18) months of approval of funding by the State Transportation Commission. k. Within thirty (30) calendar days of completion, provide written certification that all work under this Agreement was performed in accordance with either the New Mexico Department of Transportation’s Standard Specification, Current Edition; American Public Works Association (APWA) Specifications; Department approved Public Entity established Specifications; or Department Specifications established for Local Government Road Fund projects, by submitting the Project Certification of Design, Construction, and Cost form, which is attached...
The Public Entity Shall a. Act in the capacity of lead agency for the Project described in Section 1. b. Be solely responsible for all proportional matching funds identified in Section 2. Certify that these matching funds have been appropriated, budgeted, and approved for expenditure prior to execution of this Agreement. c. Pay all costs, and perform and supply or contract for all labor and material, for the purpose as described in Section 1 and the construction work specified in the Project’s plans. d. Advertise, let, and supervise Project construction, including to procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. e. In accordance with project parameters, assume the lead planning and implementation role and sole responsibility for environmental, archaeological, utility clearances; railroad and Intelligent Transportation System (ITS) clearances; right-of-way acquisition; project development and design; and project construction and management. f. Cause all designs and PS&Es to be performed under the direct supervision of a Registered New Mexico Professional Engineer. g. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. h. Initiate the preliminary engineering, survey, and all design activities, and coordinate Project construction. i. Consider provisions for pedestrian, bicycle and equestrian facilities in the Project design in accordance with NMSA 1978, Section 67-3-62. j. Initiate and cause to be prepared the necessary Plans, Specifications, and Estimates (PS&E) for this Project. k. Design the Project in accordance with Exhibit A, "Minimum Design Standards", which is incorporated into this Agreement. l. Adhere to Exhibit B, "Minimum Survey and Right of Way Acquisition Requirements", which is incorporated into this Agreement. m. Comply with Exhibit D, "Construction Phase Duties and Obligations", which is incorporated into this Agreement. n. Make no changes in design or scope of work, unless for safety reasons and with documented approval of the Department. o. Allow the Department to inspect the Project to confirm that the Project is constructed in accordance with the provisions of this Agreement. Disclosures of any failure to meet such requirements and standards, as identified by the Department, will result in termination of this Agreement, for default, including without limitation its costs for funding, labor, ...
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1. b. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. c. Be responsible for all design activities necessary to advance the Project to construction and coordinate construction. d. Unless otherwise specified in a letter of authorization or permit, design and construct the Project in accordance with the Public Entity’s established design standards. e. Have sole responsibility and control of all project phases and resulting quality of the completed work. f. If the Project is in full or on a portion of a state highway, on a Department right of way or a National Highway System route: 1. Obtain from the Department a permit in accordance with 18.31.6.14 NMAC, State Highway Access Management Requirements or a letter of authorization; and 2. Design and construct the Project in accordance with standards established by the Department. g. Adopt a written resolution of Project support that includes a commitment to funding, ownership, liability and maintenance. The resolution is attached to this Agreement as Exhibit B. h. Consider placing pedestrian, bicycle and equestrian facilities in the Project design in accordance with NMSA 1978, Section 67-3-62. i. Comply with any and all state, local and federal regulations including the Americans with Disabilities Act (ADA) and laws regarding noise ordinances, air quality, surface water quality, ground water quality, threatened and endangered species, hazardous materials, historic and cultural properties, and cultural resources. j. Be responsible for all permit preparation, review and coordination with regulatory agencies. k. Cause all designs, plans, specifications and estimates to be performed under the direct supervision of a Registered New Mexico Professional Engineer, in accordance with NMSA 1978 Section 61-23-26. l. Allow the Department to perform a final inspection of the Project and all related documentation to determine if the Project was constructed in accordance with the provisions of this Agreement. At the Department’s request, provide additional documentation to demonstrate completion of the required terms and conditions. m. Meet with the Department, as needed, or provide Project status reports within thirty (30) days of request. n. Within 60 days after Project completion, provide the Certification of Completion, which is attached as Exhibit A, that it has complied with the re...
The Public Entity Shall a. Fully fund the work associated with the Public Utility relocation, which includes the six percent (6%) CE&I, charge identified in Section 2h above, additional costs if the bids exceed the estimate as detailed in Section 3c below and for change orders as identifed in Section 3d below. b. Provide funding in a lump sum to the Department prior to the project production date for the Project’s construction contract. c. Should the bid amount exceed funding, the Public Entity shall provide additional funds to cover all costs for its portion of the Project. Should the bid amount be less, the Department will retain the difference until the completion of the Project. d. Provide written request to the Department for any change orders. The costs for any change order, which includes costs for contractor delay caused by the change order, shall be paid by the Public Entity. e. Payment for any necessary work added and approved by the Public Entity shall be due within sixty (60) calendar days of the date of the billing by the Department. If payment is not made and the account becomes delinquent after the due date, interest shall accrue on the unpaid balance at the rate of 10% per annum until the account becomes current. f. Have an inspector available during the Public Utility Work and provide inspection and acceptance. g. Handle any necessary coordination and comply with its advisory regulations, ordinances, codes or other requirements regarding the shutdown of utlities or temporary outages. h. Provide any necessary notifications to the public regarding the shutdown of utilities or temporary outages. i. Upon completion of the Public Utitlies Work, the Public Entity shall assume total responsibility for the maintenance and operation of the Lines, including all costs associated therewith.
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1. b. Submit an estimate of the Project, including work to be performed and cost to the District Engineer within thirty (30) days of execution of this Agreement, or as otherwise agreed to in writing by the Parties. c. Be solely responsible for all local matching funds identified in Section 2. Certify that these matching funds have been appropriated, budget and approved for expenditure prior to execution of this Agreement. d. Pay all costs, perform/supply or contract for labor and material, for the purpose as described in Section 1 and the Project estimate approved by the District Engineer. e. Procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances f. Be responsible, for performing or directing the performance, of all pre-construction activities, including, but not limited to, the following: 1. Utility Certification, 2. Drainage and storm drain design, 3. Geotechnical design, 4. Pavement design, 5. Environmental and archaeological clearances Certification,
The Public Entity Shall a. Act in the capacity of lead agency for the purpose as described in Section 1. b. Pay all costs, perform all labor and supply all material, except as provided in Section 2, for the purpose as described in Section 1 and the construction work specified in the Project’s plans. c. Adopt a written Resolution of support for the Project, including an assumption of ownership, liability, and maintenance responsibility for the scope, or related amenities and required funding to support the Project, which is attached as Exhibit C. d. Initiate the preliminary engineering, survey, and all design activities, and coordinate Project construction. e. Consider provisions for pedestrian, bicycle and equestrian facilities in the Project design in accordance with XXXX 0000, Section 67-3-62. f. Be responsible for performing or directing the performance of all design and pre- construction activity, including, but not limited to, the following: 1. Utility Certification; 2. Drainage and storm drain design; 3. Geotechnical design; 4. Pavement design; 5. Traffic design; 6. Structural design; 7. Environmental and archeological clearances Certification; 8. Right-of-way maps and acquisition Certification; 9. Hazardous substance/waste site(s) contamination investigations; 10. Railroad Certification; and 11. Intelligent Transportation System (ITS) Certification. g. Initiate and cause to be prepared the necessary Plans, Specifications, and Estimates (PS&E) for this Project. h. Cause all designs and PS&E's to be performed under the direct supervision of a Registered New Mexico Professional Engineer. i. Design the Project in accordance with Attachment A, "Minimum Design Standards", which is incorporated into this Agreement. j. Adhere to Exhibit B, "Minimum Survey and Right of Way Acquisition Requirements", which is incorporated into this Agreement. k. Comply with Attachment C, "Construction Phase Duties and Obligations", which is incorporated into this Agreement. l. Make no changes in design or scope of work, unless for safety reasons and with documented approval of the Department. m. Prior to Project construction, furnish the Department’s District 5. Office "Certification of the Pre-Construction Contract Phase" form, which is attached as Certification No. 1. n. Within thirty (30) days of completion, furnish the Department’s District 5. Office o. Within thirty (30) days of completion, furnish the Department’s District 5. Office the “AS BUILT Summary of Costs and Quantities” form, which is...
The Public Entity Shall a) Ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination, and the specific requirements of 23 CFR 680. b) Shall comply with the requirements as a direct recipient entity under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333 and 23 U.S.C. 106(g)(4), where applicable. c) Shall monitor activities under this award, including activities under federal agreement and contracts, to ensure: (1) that those activities comply with the project-specific agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award.

Related to The Public Entity Shall

  • Best Efforts Offering If an Offering is on a best efforts basis, the sale of Securities to the investors in the Offering will be evidenced by a purchase agreement (“Purchase Agreement”) between the Company and such investors in a form reasonably satisfactory to the Company and Xxxxxxxxxx. Xxxxxxxxxx shall be a third party beneficiary with respect to the representations, warranties, covenants, closing conditions and closing deliverables included in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company with responsibility for financial affairs will be available to answer inquiries from prospective investors.

  • Best Efforts/Full-time Executive will expend Executive's best efforts on behalf of Company, and will abide by all policies and decisions made by Company, as well as all applicable federal, state and local laws, regulations or ordinances. Executive will act in the best interest of Company at all times. Executive shall devote Executive's full business time and efforts to the performance of Executive's assigned duties for Company, unless Executive notifies the Chief Executive Officer in advance of Executive's intent to engage in other paid work and receives the Chief Executive Officer's express written consent to do so.

  • Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §00-00-000, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall ensure that the Subcontractor maintain at all times during the terms of this Contract, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.

  • Cooperation Prior to the Distribution (a) PNX and Spinco shall prepare, and PNX shall mail to the holders of PNX Common Stock, the Information Statement, which shall set forth appropriate disclosure concerning Spinco, the Distribution and any other appropriate matters. PNX and Spinco shall also prepare, and Spinco shall file with the Commission, the Form 10, which shall include the Information Statement. PNX and Spinco shall use commercially reasonable efforts to cause the Form 10 to become effective under the Exchange Act. (b) PNX shall, as the sole shareholder of Spinco, approve and adopt the Spinco employee benefit plans contemplated by the Employee Matters Agreement and PNX and Spinco shall cooperate in preparing, filing with the Commission under the Securities Act and causing to become effective not later than the Distribution Date any registration statements or amendments thereto that are appropriate to reflect the establishment of or amendments to any employee benefit plan of Spinco contemplated by the Employee Matters Agreement, including without limitation, a Form S-8 with respect thereto. (c) PNX and Spinco shall take all such action as may be necessary or appropriate under the securities or blue sky laws of states or other political subdivisions of the United States in connection with the transactions contemplated by this Agreement or any Ancillary Agreement. (d) Spinco shall prepare, file, and use all reasonable efforts to cause to be approved prior to the Record Date, the application to permit listing of the Spinco Common Stock on NASDAQ.

  • PUBLIC ENTITY CRIME Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section. xxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/state_purchasing/vendor_infor xxxxxx/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve ndor_list A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on The Convicted Vendor List.

  • Reasonable Efforts/Cooperation Each of the Parties hereto will use its commercially reasonable efforts to promptly take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable under applicable Laws and regulations to consummate the transactions contemplated by this Agreement, including adopting plans or plan amendments. Each of the Parties hereto shall cooperate fully on any issue relating to the transactions contemplated by this Agreement for which the other Party seeks a determination letter or private letter ruling from the IRS, an advisory opinion from the DOL or any other filing, consent or approval with respect to or by a Governmental Authority.

  • Opinion of Tax Counsel for Company and the Operating Partnership The Sales Agent shall have received the favorable opinion of Xxxxxx & Xxxxxxx LLP, tax counsel for the Company and the Operating Partnership, required to be delivered pursuant to Section 7(q) on or before the date on which such delivery of such opinion is required pursuant to Section 7(q).

  • Best Efforts The parties shall use their best efforts to satisfy timely each of the conditions described in Section 6 and 7 of this Agreement.

  • Best Efforts of Employee Employee agrees to perform faithfully, industriously, and to the best of Employee's ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction of Employer. Such duties shall be provided at such place(s) as the needs, business, or opportunities of the Employer may require from time to time.

  • Public/Private Information The Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the Borrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and the Borrower shall designate Information Materials (a) that are either available to the public or not material with respect to the Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”.