Conclusiveness of Measurements Sample Clauses

The 'Conclusiveness of Measurements' clause establishes that measurements or determinations made by a specified party—often an engineer, architect, or project manager—are considered final and binding for the purposes of the contract. In practice, this means that quantities, dimensions, or other factual assessments recorded by the designated authority are accepted as accurate unless proven otherwise through a defined dispute process. This clause helps prevent disagreements over factual matters from delaying the project by providing a clear, authoritative source for measurements, thereby ensuring efficiency and reducing the potential for protracted disputes.
Conclusiveness of Measurements. Quantity and temperature measurements made by the independent inspector as provided in this Article 23 shall be final and binding on the parties, except in the case of manifest error. In any event, without prejudice to the right of either party subsequently to demonstrate manifest error in such measurements, the determination of the independent inspector shall govern for purposes of the quantity stated in the ▇▇▇▇ of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 11.
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Conclusiveness of Measurements. 58 ARTICLE 24 QUALITY.................................. 58
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  • Conclusiveness of Statements; Survival of Provisions Determinations and statements of any Lender pursuant to Sections 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Obligations, cancellation of any Notes, expiration or termination of the Letters of Credit and termination of this Agreement.

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