County Fault definition

County Fault means (a)(1) any material breach, failure, nonperformance or noncompliance by the County with the terms and provisions of this Agreement for any reason, other than Uncontrollable Circumstance or Manager Fault; or (2) any negligence or willful misconduct of any officer, agent, employee, subcontractor or independent contractor of the County (other than the Manager, any Subcontractor or the Completion Certifier) which, in the case of (a)(1) or (2) of this definition, prevents or materially delays, either individually or cumulatively (i) the County’s performance of its obligations under this Agreement, or (ii) the Manager’s performance of its obligations under this Agreement or which deprives the Manager of any of its material rights under this Agreement; or (b) any knowing and willful act of any officer or employee of the County which directly (i) prevents or materially delays the Work on the relevant Approved Project, or (ii) causes a material increase in the Actual Project Costs for such Project (but this clause (b) shall exclude (X) any act of the County caused by or attributable to an Uncontrollable Circumstance or the fault, failure, delay, negligence or willful misconduct of the Manager or any Subcontractor and (Y) any act of the County suspending Subcontractor work for a period of not more than thirty (30) days in accordance with Section 4.6.2). For purposes of making determinations pursuant to clause (b), the County may obtain the written opinion of the Independent Engineer prepared in accordance with Section 5.5.4.1.
View Source
County Fault means any breach (including the untruth or breach of any County representation or warranty herein set forth), failure, nonperformance or noncompliance by the County with respect to its obligations and responsibilities under this Contract to the extent not directly attributable to any Uncontrollable Circumstance, and which materially and adversely affects the Company’s rights, obligations or ability or costs to perform under this Contract.
View Source
County Fault means the unexcused non-performance by the County of its obligations under this Agreement.
View Source

Examples of County Fault in a sentence

  • The Manager shall cooperate fully with the County and coordinate the Work to such other County work as may be directed by the County, subject, as applicable, to the possibility of County Fault.

  • The failure of the Manager to provide prompt Notice to the County may give rise to an adjustment to the relief to which the Manager might otherwise be entitled hereunder if and to the extent that such failure is reasonably determined to have increased the costs or delay caused by such County Fault.

  • If the Scheduled Acceptance Date is subject to adjustment in accordance with this Section 5.5.3, the Scheduled Acceptance Date shall be extended by the number of days that the Manager can reasonably demonstrate to the County’s Authorized Representative are directly attributable to the effects of such County Fault.

  • If the Company shall claim to have sustained delays due to an Uncontrollable Circumstance (other than delays resulting from County Fault or County-directed Change Orders not due to Company Fault), the Company shall be entitled only to an extension of time as a result of such delay and shall not have or assert any other claim, cause or action against the County based on such delay.

  • No such warranty or guarantee shall relieve the Company of any obligation hereunder, and no failure of any warranted structures, improvements, fixtures, machinery, equipment or material shall be the cause for any increase in the Service Fee or non-performance of the Contract Services unless such failure is itself attributable to an Uncontrollable Circumstance or County Fault.

  • Except as may be excused by an Unforeseen Circumstance or County Fault, the foregoing obligations of the Company to accept, process and/or dispose of the Guaranteed Annual Tonnage on and after the Effective Date shall be absolute and unconditional.

  • The Contractor and the services provided by the Contractor under this Agreement shall comply with all Applicable Laws and standards in effect at any given time regardless as to whether such Applicable Laws and standards are referred to by the County unless those requirements cannot be met or complied with as a result of County Fault or Uncontrollable Circumstances.