Works to be Measured Sample Clauses

Works to be Measured. The Engineer shall, except as otherwise stated, ascertain and determine by measurement the value in terms of the Contract of work done in accordance with the Contract. He shall, when he requires any part or parts of the Works to be measured, give notice to the Contractor's authorized agent or representative, who shall forthwith attend or send a qualified agent to assist the Engineer or the Engineer's Representative in making such measurement and shall furnish all particulars required by either of them. Should the Contractor not attend or neglect or omit to send such agent, then the measurement made by the Engineer or approved by him shall be taken to be the correct measurement of the work. For the purpose of measuring such permanent work as is to be measured by records and drawings, the Engineer's Representative shall prepare records and drawings month by month of such work and the Contractor, as and when called upon to do so in writing shall, within fourteen days, attend to examine and agree such records and drawings with the Engineer's Representative and shall sign the same when so agreed. If the Contractor does not so attend to examine and agree such records and drawings, they shall be taken to be correct. If, after examinations of such records and drawings, the Contractor does not agree the same or does not sign the same as agreed, they shall nevertheless be taken to be correct, unless the Contractor shall, within fourteen days of such examination, lodge with the Engineer's Representative, for decision by the Engineer, notice in writing of the respects in which such records and drawings are claimed by him to be incorrect.
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Works to be Measured. SBI may from time to time intimate to the Contractor/ Vendor that the work is required to be measured and the Contractor/ Vendor shall forthwith attend or send a qualified representative to assist the SBI in taking such measurements and calculation and to furnish all particulars or to give all assistance required by any of them. Such measurements shall be taken in accordance with the Mode of measurements detail in the specifications. The representative of SBI shall take measurements with the Contractor/ Vendor’s representative and the measurements shall be entered in the measurement book. The Contractor/ Vendor or his authorized representative shall sign all the pages of the measurement book in which the measurements have been recorded in token of his acceptance. All the corrections shall be duly attested by both representatives. No over writings shall be made in the Measurement book should the Contractor/ Vendor not attend or neglect or omit to depute his representative to take measurements the measurements recorded by the representative of the SBI shall be final. All authorized extra work, omissions and all variations made shall be included such measurement.
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Works to be Measured. Insert the following wording at the and of Paragraph 1 of this Sub-Clause: “The Contractor shall show in each application under Sub-Clause 14.3 (Application for Interim Payment Cetificate), 14.10 (Statement on Completition) and 14.1 (Application for Final Payment Certificate) the quantities and other particulars detailing the amounts which he considers to be entitled under Contract.”
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Works to be Measured. Sub-Clause 12.1 describes the procedure for measuring the quantity of each item of work. Quantities should preferably be agreed between the representatives of the Engineer and the Contractor, as a continuing process, and as the execution of the Works proceeds. Although the second paragraph empowers the Engineer to take the initiative in requiring a measurement to be made, this activity should be regarded as a 3 Xxxxx Xxxxxx Quantity Clause Needs Update – xxxx://xxxxxxx.xxx/archives/1365/print joint activity. The contract does not specify any particular time in which measurements are to be taken. The Sub-Clause refers only to when the Engineer requires the works to be measured and then he must give reasonable notice. Once reasonable notice has been given the Contractor’s representative (or other representative) is required to attend and assist the Engineer and provide any particulars requested. Although it is the Engineer that is obliged to measure the works this often does not happen in practice. The Contractor is often more likely to be in a better position to measure the works itself and often does measure the works rather than merely assist the Engineer. The Engineer then checks and confirms the Contractor’s measurement. If the Contractor fails to attend or send a representative, the measurement made by (or on behalf of) the Engineer shall be considered to be accurate. The Contractor will not be able to open up, review or revise this measurement at a later stage because the Engineer does not make a determination regarding the measurement. Instead the Contract deems the measurement to be accurate. Similarly, where the measurement is made from records and the Contractor does not attend and does not dispute the records then these records will be considered to be accurate. If the Contractor disagrees with the records then it must give notice to the Engineer within 14 days or, again, the records will be accepted as being accurate. In the case of Norwest Xxxxx Construction v Co-operative Wholesale Society4 the parties failed to measure the works as it progressed and at the end of the job it became impractical to re-measure. The Employer sought to argue that the works should be measured from a schematic drawing within the tender drawings and that any bends or deviations amounted to uninstructed work and therefore should be ignored for the re- measure. The arbitrator referred to this as nonsense and concluded that the works to be valued were the works which had...
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Related to Works to be Measured

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  • Particular Methods of Procurement of Consultants’ Services 1. Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants’ services shall be procured under contracts awarded on the basis of Quality and Cost-based Selection.

  • Protective Measures We have implemented and will maintain appropriate technical and organisational measures in relation to the Services taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of Processing, as well as the likelihood and severity of risk to the rights and freedoms of data subjects. This includes measures relating to the physical security of Our facilities used to deliver them, measures to control access rights to Our assets and relevant networks, and processes for testing these measures. In accordance with Our obligations under applicable law, We may undertake digital forensic investigations in relation to the use of the Services and Subscriptions. You are responsible for using, and ensuring that your Users use, the controls and advice provided by the Services correctly and consistently.

  • Provisional Measures 1. The judicial authorities shall have the authority to order prompt and effective provisional measures: (a) to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; (b) to preserve relevant evidence in regard to the alleged infringement. 2. The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. 3. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. 4. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. 5. The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures. 6. Without prejudice to paragraph 4, provisional measures taken on the basis of paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Member's law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer. 7. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. 8. To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section. SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES12

  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • Sleeping Rooms to be Blocked A. The Contractor shall block sleeping rooms as set forth in Table 1, below. Date1 3 3 Date2 104 104 Total Rooms to be Blocked: 211 211 B. The Contractor will provide the Judicial Council with a current Delegate List/Report, after the Cut Off Date and before Date 1 of the Program, as identified in Exhibit B. The Judicial Council will then provide to the Contractor in writing an approved Master Account Approval List. The Contractor shall not bill the Judicial Council for Attendee reservations not included on the Master Account Approval List. Unless expressly set forth otherwise, any Individual Charges are the responsibility of the Attendee occupying the room. C. At the request of the Judicial Council, the Contractor shall block additional sleeping rooms for Attendees at the sleeping room rate specified above in this exhibit, provided that the additional sleeping rooms are available for rental during the Dates of the Program, at the time of the request. D. The Contractor shall provide the Judicial Council with a credit to the Master Account equal to the value of one (1) double occupancy sleeping room for each fifty (50) paid room nights during the Program:

  • Dependability a) Requires constant supervision to perform daily routine correctly b) Occasionally misses necessary task c) Rarely misses necessary task and is reliable d) Outstanding reliability and job is always completed correctly

  • Links to Other Web Sites Our website does contain links to affiliate and other websites. Xxxxxx Xxxxxxx does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website and its licensed agents.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

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