Assumptions and Requirements Clause Samples

The "Assumptions and Requirements" clause defines the foundational conditions and expectations that both parties rely on for the agreement to function as intended. It typically outlines specific prerequisites, such as the availability of resources, access to information, or compliance with certain standards, that must be met for the contract to proceed smoothly. By clearly stating these assumptions and requirements, the clause helps prevent misunderstandings and disputes by ensuring both parties are aware of the baseline conditions necessary for fulfilling their obligations.
Assumptions and Requirements. Below is a compilation of assumptions and technical requirements for the offeror to consider in development of their cost proposal. Costs have been provided for several typically subcontracted items that the offeror should use in developing their estimate. The reason these costs are provided is to reduce the number of quotes offerors need to obtain for a project that is hypothetical and to limit the number of variables in the cost realism evaluation. a) Development of Pre-Work Submittals – assumed cost: $25,000 (fully burdened). The offeror should not change this cost on the price schedule detail sheet. b) No confirmatory sampling, clean fill/borrow material sampling, landfill disposal sampling or compaction density sampling is required or should be assumed. Assume no laboratory, sampling, or validation costs. No perimeter/personnel air or dust monitoring is required. c) Assume 1-1/2 to 1 slope for side slopes of excavation. d) All backfill has already been tested and is acceptable for use on site. Backfill shall be placed in 12-inch loose lifts and compacted to 90% standard ▇▇▇▇▇▇▇ (ASTM D 698) density with + 3 percent of optimum moisture content. Assume that in-place density testing is not required. Delivered price includes analysis to certify that material is clean and certify compaction testing requirements are met. Bank cubic yards in price schedule detail sheet accounts for compaction (12,600/ .90 = 14,000 BCY). Tonnage of backfill to be delivered accounts for a unit weight of backfill material of 1.6 tons/bank cubic yard (14,000 BCY x 1.6 tons/BCY = 22,400). No stockpiling of backfill is required. Costs should only include the effort to place & compact the imported backfill that is delivered directly to the excavation site.
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Assumptions and Requirements. A. General Assumptions and Requirements
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Assumptions and Requirements. Below is a compilation of assumptions and technical requirements for the offeror to consider in development of their cost proposal. Costs have been provided for several typically subcontracted items that the offeror should use in developing their estimate. The reason these costs are provided is to reduce the number of quotes offerors need to obtain for a project that is hypothetical and to limit the number of variables in the cost realism evaluation.
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Assumptions and Requirements 
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Related to Assumptions and Requirements

  • Assignments and Participations (a) The provisions of the Loan Documents shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of each Credit Party (and any attempted assignment or transfer by the Borrower without such consent shall be null and void). Nothing in the Loan Documents, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby and, to the extent expressly contemplated hereby, the Related Parties of each Credit Party) any legal or equitable right, remedy or claim under or by reason of any Loan Document. (b) Any Lender may assign to one or more Eligible Assignees all or a portion of its rights and obligations under the Loan Documents (including all or a portion of its Commitment or obligations in respect of its LC Exposure and the applicable Loans at the time owing to it), provided that (i) except in the case of an assignment to a Lender or an Affiliate or an Approved Fund of a Lender, each of the Borrower, the Administrative Agent and the Issuing Bank must give its prior written consent to such assignment (which consent shall not be unreasonably withheld or delayed)), (ii) except in the case of an assignment to a Lender or an Affiliate or an Approved Fund of a Lender or an assignment of the entire remaining amount of the assigning Lender's Commitment, the amount of the Commitment of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Acceptance Agreement with respect to such assignment is delivered to the Administrative Agent) shall not be less than $5,000,000 unless the Borrower and the Administrative Agent otherwise consent, (iii) no assignments to the Borrower or any of its Affiliates shall be permitted, (iv) the parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance Agreement together with, unless otherwise agreed by the Administrative Agent, a processing and recordation fee of $3,500, and (v) the assignee, if it shall not be a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire, and provided further, that any consent of the Borrower otherwise required under this paragraph shall not be required if a Default has occurred and is continuing. Subject to

  • Certain Notifications and Required Actions After the date of this Agreement, the Company shall promptly advise the Representative in writing of: (i) the receipt of any comments of, or requests for additional or supplemental information from, the Commission; (ii) the time and date of any filing of any post-effective amendment to the Registration Statement or any amendment or supplement to any preliminary prospectus, the Time of Sale Prospectus, the Prospectus or the Exchange Act Registration Statement; (iii) the time and date that any post-effective amendment to the Registration Statement becomes effective; and (iv) the issuance by the Commission of any stop order suspending the effectiveness of the Registration Statement or any post-effective amendment thereto or any amendment or supplement to any preliminary prospectus, the Time of Sale Prospectus, the Prospectus or the Exchange Act Registration Statement or of any order preventing or suspending the use of any preliminary prospectus, the Time of Sale Prospectus, or the Prospectus, or of any proceedings to remove, suspend or terminate from listing or quotation the Units from any securities exchange upon which they are listed for trading or included or designated for quotation, or of the threatening or initiation of any proceedings for any of such purposes. If, at any time, the Commission shall enter any such stop order, the Company will use its best efforts to obtain the lifting of such order at the earliest possible moment. Additionally, the Company agrees that it shall comply in all material respects with all applicable provisions of Rule 424(b), Rule 433 and Rule 430A under the Securities Act and will use its reasonable efforts to confirm that any filings made by the Company under Rule 424(b) or Rule 433 were received in a timely manner by the Commission.