Administration of the Agreement. The Agreement shall be administered by the Board of Directors of the Company or its delegate (the “Administrator”). Subject to the provisions of the Agreement, the Administrator shall have full and final authority in its discretion to take any action with respect to the Agreement including, without limitation, the authority to (i) determine all matters relating to the payments; (ii) establish, amend and rescind rules and regulations for the administration of the Agreement; and (iii) construe and interpret the Agreement, to interpret rules and regulations for administering the Agreement and to make all other determinations deemed necessary or advisable for administering the Agreement. Except to the extent otherwise required under Section 409A of the Internal Revenue Code of 1986, as amended (“Code”), the Administrator shall have the authority, in its sole discretion, to accelerate the date that any Consultation Payments or Separation Payments which were not otherwise vested or earned shall become vested or earned in whole or in part without any obligation to accelerate such date with respect to any other employee. The Administrator also may in its sole discretion determine that Executive’s rights or payments under the Agreement shall be subject to reduction, cancellation, forfeiture or recoupment due to conduct by Executive that is determined by the Administrator to be detrimental to the business or reputation of the Company, including, without limitation, upon termination of employment for cause; violation of policies of the Company; or breach of non-solicitation, noncompetition, confidentiality or other restrictive covenants that apply to the Executive. In addition to action by meeting in accordance with applicable laws, any action of the Administrator with respect to the Agreement may be taken by a written instrument signed by the Administrator (including, where the Board or a committee serves as the Administrator, by written consent signed by all of the members of the Board, or all of the members of a committee, and any such action so taken by written consent shall be as fully effective as if it had been taken by a majority of the members at a meeting duly held and called). No individual shall be liable while acting as Administrator for any action or determination made in good faith with respect to the Agreement, and any such individual shall be entitled to indemnification and reimbursement in the manner provided in the Company’s certificate of incorpor...
Administration of the Agreement. 4.1 The Architect will provide administration of this Agreement and will serve as the Owner’s representative during the Preconstruction Phase, during the Construction Phase, and during any corrective Work.
4.2 The Construction Manager shall endeavor to communicate with the Owner through the Architect. Any needed communications by and with subcontractors or material suppliers shall be through the Construction Manager to the Architect.
4.3 The Architect shall be responsible for reviewing the Construction Manager’s applications for payment and certifying amounts as due. Further, the Architect on behalf of the Owner shall have the authority to reject Work which the Architect determines does not conform to the Contract Documents. However, this authority does not in any respect serve to release or otherwise discharge the Construction Manager’s responsibility with regard to performing the Work in compliance with the Contract Documents.
4.4 The term “claim” as used herein shall mean a demand by either the Construction Manager or Owner seeking an adjustment to or interpretation of an Agreement term, payment of money, extension of time, or any other relief with regard to the terms of this Agreement or the Construction Documents. All claims are required to be made in writing by the parties asserting the claim.
4.4.1 Claims arising prior to final payment or the earlier termination of the Agreement shall be initially referred to the Architect for action.
4.4.2 All claims by either party must be made within 21 days after the incident giving rise to the claim or within 21 days after the complaining party first knew or should have known the condition giving rise to the claim, whichever is later. Pending final resolution of any claim, unless otherwise mutually agreed between the parties in writing, the Construction Manager shall proceed with the performance of the Work and the Owner shall proceed to make uncontested payments in accordance with the Contract Documents.
4.4.3 The making of any progress payment or a final payment shall not in any respect constitute a waiver of any claim by the Owner.
4.5 If the Construction Manager encounters conditions at the site which are sub-surface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities as ...
Administration of the Agreement. The person acting for the Department in administering this Agreement (hereinafter referred to as the Contract Consultant) is: Name: Xxxxxxx Xxxxx Title: Department Analyst E-Mail Address XxxxxX@xxxxxxxx.xxx The financial contact acting on behalf of the Grantee for this Agreement is: Xxxxxx Xxxx Financial Officer Name Title xxxxx@xxxxxx.xxx (000) 000-0000 E-Mail Address Telephone No.
Administration of the Agreement. The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Name, Location/Building Title Telephone No. Email Address
Administration of the Agreement. A. The District and the Association shall conduct regular Labor Management meetings for the purpose of providing continuing communication between the parties and promoting constructive labor management relations. Each party shall determine their own representation and will jointly decide upon the meeting format.
B. Meetings shall be conducted regularly between the superintendent and/or designee and the Association president and/or designee to discuss District and school operations affecting employees. These shall be information sharing only. By mutual agreement, additional representatives of either party may be in attendance.
C. The District and Association will establish a Certificated and a Special Education Leadership Team that will meet on a regular basis to discuss and address unit specific issues as they arise.
Administration of the Agreement. Section 1. Except as provided in Article 36 – Grievance and Arbitration, the parties retain all remedies provided to them by law, including but not limited to complaints to the Employment Relations Board or resort to the courts. However, it is agreed that before either of the parties makes use of these remedies, it will make a reasonable effort to settle the matter through such procedures as may be provided by the Agency.
Section 2. Any personnel action taken by the Employer, which is thereafter agreed by that Employer or found by an arbitrator, the Employment Relations Board or a Court to have been improper or contrary to a provision contained in this Agreement, shall be fully corrected after fully exhausting the appeal remedies.
Administration of the Agreement. The City’s Chief Administrative Officer, or authorized representative thereof, shall administer this Agreement for the City and the Landscape Architect agrees to follow the City’s Capital Implementation Program Procedures which are in effect on the date of the City’s execution of this Agreement.
Administration of the Agreement. Section A.
Administration of the Agreement. A. The District and the Association shall conduct regular Labor Management meetings for the purpose of providing continuing communication between the parties and promoting constructive labor management relations. Each party shall determine their own representation and will jointly decide upon the meeting format.
Administration of the Agreement. The parties undertake that this agreement is administered in accordance with the true intent of its terms and provisions and will give to each other the fullest cooperation to the end that quality education and training is maintained and enhanced and, that harmonious industrial relations are sustained.
