ASSUMPTION OF RISKS BY DESIGN‐BUILDER Clause Samples

ASSUMPTION OF RISKS BY DESIGN‐BUILDER. 3.5.1 Except as otherwise provided in this Contract, DESIGN-BUILDER shall have a duty to anticipate and provide adequate contingencies for risks associated with the Work for the Project. DESIGN-BUILDER shall take into consideration, and factor into its Project Schedule and GMP, all Site conditions and difficulties involved in the completion of the Work, the variations in permitting time frames, and the time frames available to CITY for reviewing deliverables, schedules, and Applications for Payment. Given this duty, DESIGN-BUILDER should not request additional compensation or time to complete, if delays and complicating factors should have reasonably been anticipated. 3.5.2 DESIGN-BUILDER shall become familiar with and prepare for the continuing operations of the water reclamation facility during the course of construction. DESIGN- BUILDER’s GMP and Project Schedule, and any subsequent approved revisions thereto, shall sufficiently anticipate and include work delays due to plant operations. 3.5.3 DESIGN-BUILDER has ascertained such Site conditions as may be readily determined by inspection and inquiry, such as the location, accessibility and general character of the Site prior to executing this Contract. 3.5.4 The DESIGN-BUILDER assumes the risk for all costs associated with Site conditions which are foreseeable through the exercise of normal due diligence. It shall be the obligation of the DESIGN-BUILDER to fully investigate the Site and provide sufficient contingency amounts for conditions which are foreseeable and which may differ from those suggested by inspections and reports provided with the RFP, or any addenda thereto. Provided, however, this Section 3.5.4 is subject to the terms of Section 10.8 below.
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ASSUMPTION OF RISKS BY DESIGN‐BUILDER. 3.5.1 The DESIGN‐BUILDER has entered into this AGREEMENT with the full understanding and knowledge that there is no guarantee that Notice To Proceed With Design Services or Notice to Proceed with Construction Services will be issued by the TAX COLLECTOR. DESIGN‐BUILDER agrees that the TAX COLLECTOR shall not be liable for any damages associated with the TAX COLLECTOR’S withholding such Notices To Proceed, subject to the limitations set forth in Section 3.5.2 below.
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Related to ASSUMPTION OF RISKS BY DESIGN‐BUILDER

  • Assumption of Risks The Borrower assumes all risks of the acts or omissions of any beneficiary of any Letter of Credit or any transferee thereof with respect to its use of such Letter of Credit. Neither the Issuing Bank (except in the case of gross negligence or willful misconduct on the part of the Issuing Bank or any of its employees), its correspondents nor any Lender shall be responsible for the validity, sufficiency or genuineness of certificates or other documents or any endorsements thereon, even if such certificates or other documents should in fact prove to be invalid, insufficient, fraudulent or forged; for errors, omissions, interruptions or delays in transmissions or delivery of any messages by mail, telex, or otherwise, whether or not they be in code; for errors in translation or for errors in interpretation of technical terms; the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any Letter of Credit or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; the failure of any beneficiary or any transferee of any Letter of Credit to comply fully with conditions required in order to draw upon any Letter of Credit; or for any other consequences arising from causes beyond the Issuing Bank’s control or the control of the Issuing Bank’s correspondents. In addition, neither the Issuing Bank, the Administrative Agent nor any Lender shall be responsible for any error, neglect, or default of any of the Issuing Bank’s correspondents; and none of the above shall affect, impair or prevent the vesting of any of the Issuing Bank’s, the Administrative Agent’s or any Lender’s rights or powers hereunder or under the Letter of Credit Agreements, all of which rights shall be cumulative. The Issuing Bank and its correspondents may accept certificates or other documents that appear on their face to be in order, without responsibility for further investigation of any matter contained therein regardless of any notice or information to the contrary. In furtherance and not in limitation of the foregoing provisions, the Borrower agrees that any action, inaction or omission taken or not taken by the Issuing Bank or by any correspondent for the Issuing Bank in good faith in connection with any Letter of Credit, or any related drafts, certificates, documents or instruments, shall be binding on the Borrower and shall not put the Issuing Bank or its correspondents under any resulting liability to the Borrower.

  • Assumption of Risk I acknowledge that sailboat racing involves risks, and I freely assume all risks, including the risks of serious personal injury, death or permanent disability arising from the Participant’s participation in the Regatta and shore side activities, including accidents, collisions, falling, drowning, exposure, overexertion, sea or weather conditions, well as all unforeseen risks. I acknowledge that this Regatta is a voluntary recreational event and the Participant is free to withdraw at any time.

  • COMPLETION OF AGREEMENT This document comprises the entire agreement between the District and the Association in the matters lawfully within the scope of negotiation. Neither party shall have any obligation to meet and negotiate during the term of this agreement.

  • WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, , IN CONSIDERATION of being permitted to participate in any way in the Rocky Mountain Cycling Club 360 km brevet calendared for July 13, 2024 (“Activity”), I hereby acknowledge, agree, attest and represent the following:

  • SCOPE, WAIVER AND ALTERATION OF AGREEMENT (1) No agreement, alteration, understanding, variation, waiver or modification of any of the terms and conditions or covenants herein shall be made by any employee or group of employees with the Board unless executed in writing between the parties hereto and the same has been ratified by the Union and the Board. (2) The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions herein. (3) If any Article or Section of this Agreement or any supplement thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal, the remainder of this Agreement and supplements shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.