Appointment of the Engineer Clause Samples
Appointment of the Engineer. 6.5.1 Not later than two hundred and seventy (270) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been competitively recruited by the Seller, with the approval of the Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Terms of Reference for the Engineer shall be jointly developed by the Seller and Purchaser prior recruitment process. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser.
6.5.2 The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.
6.5.3 The Seller and the Purchaser duly recognises that the circumstances existing at the time of tender are not likely to remain the same till the start of construction. Therefore, an independent engineer is required to, authorize variations, deliver opinions or certifications, carry out estimations or valuations and, order payments. Prior to the Effective Date of the EPC Contract, the Purchaser shall employ the consultants/independent engineer of experience and international repute. The Purchaser shall notify the Seller on the employment of the Independent Engineer in not later than thirty (30) Days after the Effective Date of Contract. The selection and appointment of an Independent Engineer in accordance with this Section shall be binding on the Parties. The cost of engaging the Independent Engineer during the term of appointment shall be borne by the Purchaser.
6.5.4 The terms of reference of the Engineer shall include but not limited to monitor and evaluate the re-openers pertaining to any cost variations due to geological conditions limited to the tunnel area, cost escalations in the civil works associated with construction, and...
Appointment of the Engineer. (a) Not later than two hundred and seventy (270) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the Seller, with the approval of the Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser.
(b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.
Appointment of the Engineer. (a) No later than fifteen (15) days following the execution date of this Agreement the Seller shall nominate to the Purchaser its slate of candidates to be the Engineer. Purchaser, following consultations with USAID, shall promptly give any comments on the Seller’s slate of candidates, which Purchaser shall duly consider. Seller shall then appoint the person or firm to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser.
(b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement, and in carrying out the other duties described under this Agreement. The costs and remuneration to which the Engineer is entitled under its terms and conditions of appointment shall be borne by the Seller.
Appointment of the Engineer. The Client hereby appoints the Engineer and the Engineer accepts the appointment on the terms and conditions set forth hereinafter.
Appointment of the Engineer. In-Charge
13.1.1 The RSCL shall nominate and appoint the Engineer-In-Charge who shall carry out the duties of “Engineer” as are necessary in performance of protection of interest of RSCL as also may enable parties to achieve the work as intended in terms of the contract. The engineer shall have no authority to amend or alter the contract either on time or cost basis.
13.1.2 The appointment of the Engineer-In-Charge shall be made no later than 15 (fifteen) days from the date of this Agreement. The RSCL shall notify the appointment or replacement of the Engineer-In-Charge to the Contractor.
13.1.3 The staff of the Engineer-In-Charge shall include suitably qualified engineers and other professionals who are appointed to assist the Engineer-In-Charge to carry out its duties.
13.1.4 In addition to nominating Engineer-In-Charge, RSCL shall be free to engage any agency or individual in capacity of Project Management Consultant/Third Party Inspection agency who shall assist EIC in fulfilling the role and duty of an Engineer as required under the contract.
Appointment of the Engineer. The parties shall select an Engineer in relation to each of the Processing Plant and the Underground Mine. If the parties are unable to agree upon the appointment of the Engineer, or if the Engineer resigns (and the parties have not agreed on the appointment of a replacement Engineer within 30 days of the resignation), then the appointment of the Engineer shall be submitted to arbitration in accordance with the provisions of Schedule 8.1 (Dispute Resolution Procedures) without first referring the matter to the Joint Committee or Mediation Procedure referred to therein. The Proponent and the Government shall each pay 50% of the fees and expenses of the Engineer.
Appointment of the Engineer. In-Charge
13.1.1 The RSCL shall nominate and appoint the Engineer-In-Charge who shall carry out the duties of “Engineer” as are necessary in performance of protection of interest of RSCL as also may enable parties to achieve the work as intended in terms of the contract. The engineer shall have no
13.1.2 The appointment of the Engineer-In-Charge shall be made no later than 15 (fifteen) days from the date of this Agreement. The RSCL shall notify the appointment or replacement of the Engineer-In-Charge to the Contractor.
13.1.3 The staff of the Engineer-In-Charge shall include suitably qualified engineers and other professionals who are appointed to assist the Engineer-In-Charge to carry out its duties.
13.1.4 In addition to nominating Engineer-In-Charge, RSCL shall be free to engage any agency or individual in capacity of Project Management Consultant/Third Party Inspection agency who shall assist EIC in fulfilling the role and duty of an Engineer as required under the contract.
Appointment of the Engineer. 34 Section 2.7. Company Letter of Credit 37 Section 2.8. Reaffirmation of Representations and Warranties 39 Section 2.9. Specification of Contract Capacity 40 Section 3.1. Sale and Purchase of Energy and Capacity 42 Section 3.2. Power Purchaser’s Exclusive Right to Energy and Capacity 43 Section 4.1. Construction of the Complex 44 Section 4.2. Submission of Reports and Information 44 Section 4.3. Delivery of Electrical Power 47 Section 4.4. Power Purchaser Observation Visits 47
Appointment of the Engineer. In-Charge
13.1.1 The RSCL shall nominate and appoint the Engineer-In-Charge who shall carry out the duties of “Engineer” as are necessary in performance of protection of interest of RSCL as also may enable parties to achieve the work as intended in terms of the contract. The engineer shall have no authority to amend or alter the contract either on time or cost basis.
13.1.2 The appointment of the Engineer-In-Charge shall be made no later than 15 (fifteen) days from the date of this Agreement. The RSCL shall notify the appointment or replacement of the Engineer-In-Charge to the Contractor.
13.1.3 The staff of the Engineer-In-Charge shall include suitably qualified engineers and other professionals who are appointed to assist the Engineer-In-Charge to carry out its duties.
13.1.4 In addition to nominating Engineer-In-Charge, RSCL shall be free to engage any agency or individual in capacity of Project Management Consultant/Third Party Inspection agency who shall assist EIC in fulfilling the role and duty of an Engineer as required under the contract.