Errors in Setting Out Sample Clauses

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Errors in Setting Out. If at any time during the execution of the Work, an error appears in the positions, levels, dimensions or alignment of any part of the Works, the Contractor on being required to do so or on being instructed by the Employer/Employer’s Engineer shall, at Contractor's cost, rectify such error to the satisfaction of the Employer/Employer’s Engineer.
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Errors in Setting Out. If at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required so to do by the Superintending Officer shall, at his own cost, rectify such error to the satisfaction of the Superintending Officer.
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Errors in Setting Out. (a) If at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor shall rectify such error to the satisfaction of the Superintending Officer. The time and cost implications of such rectification shall be borne by: (i) the Employer if such rectification is due to the reference points, lines and levels provided by the Superintending Officer pursuant to sub-clause 12.1(a); or (ii) the Contractor if such rectification is due to errors in setting out referred to in sub-clause 12.1(b).
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Errors in Setting Out. (a) If at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor shall rectify such error to the satisfaction of the Superintending Officer. The time and cost implications of such rectification shall be borne by: (i) the Employer if such rectification is due to the reference points, lines and levels provided by the Superintending Officer pursuant to sub-clause 12.1(a); or (ii) the Contractor if such rectification is due to errors in setting out referred to in sub-clause 12.1(b); (b) Notwithstanding sub-clause 12.2(a)(ii), if the Contractor is responsible for the error in setting out but in the opinion of the Superintending Officer it will be impracticable or inconvenient to the Employer to have the Contractor to rectify, the Superintending Officer may give an instruction that such error be not remedied, in which case the provisions of Clause 27.4 shall apply.
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Errors in Setting Out. Clause 28.3 is amended by inserting the words “at its own cost” at the end of the first paragraph and deleting the second paragraph. No amendment.
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Errors in Setting Out. (a) If the Contractor discovers an error in the position, level, dimensions or alignment of any Works, the Contractor must immediately notify Tetra Tech and, unless Tetra Tech otherwise directs, the Contractor must rectify the error. (b) Except as expressly stated in Clause 7.3(c), Tetra Tech is not liable for, or in connection with, any Claim by the Contractor (and the Contractor is not entitled to make any Claim) arising out of, or in connection with, any error in the position, level, dimensions or alignment of any Works. (c) If the error in the position, level, dimensions or alignment of any Works has been caused by incorrect information or data supplied by Tetra Tech, the cost incurred by the Contractor in rectifying the error shall be valued as a Variation in accordance with Clause 18.8.
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Errors in Setting Out. If the Contractor discovers an error in the position, level, dimensions or alignment of any work under the Contract, the Contractor shall immediately notify the Superintendent and, unless the Superintendent otherwise directs, the Contractor shall rectify the error. If the error has been caused by incorrect information, survey marks or data supplied by the Superintendent, the cost incurred by the Contractor in rectifying the error shall be valued under Clause 40.5.
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Related to Errors in Setting Out

  • Insurance Casualty Condemnation Restoration SECTION 8.1. INSURANCE SECTION 8.2. CASUALTY SECTION 8.3. CONDEMNATION SECTION 8.4. RESTORATION

  • Permitted Withdrawals From Escrow Account Withdrawals from the Escrow Account or Accounts may be made by the Company only: (i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (ii) to reimburse the Company for any Servicing Advances made by the Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder; (iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (iv) for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note; (v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 4.14; (vi) to pay to the Company, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; (vii) to clear and terminate the Escrow Account on the termination of this Agreement; and (viii) to withdraw funds deposited in error.

  • DAMAGE BY CASUALTY If during the Term or previous thereto, the Premises shall be destroyed or so damaged by fire or another casualty as to become un-leasable, then, at the option of the Lessor, this Agreement shall terminate from the date of such damage or destruction. The Lessor shall exercise this option to so terminate this Agreement by notice in writing delivered to the Lessee within [#] days after such casualty. Upon such notice, the Lessee shall immediately surrender said Premises and all interest therein to the Lessor, and the Lessee shall pay Rent up until the date of casualty. If the Lessor does not elect to terminate this Agreement, this Agreement shall continue in full force and effect, and the Lessor shall expeditiously repair the Premises, placing the same in as good a condition as they were at the time of the damage or destruction. Rent shall be prorated, taking into account the amount of time the Lessee is unable to occupy the Premises. If the Premises are slightly damaged by fire or another casualty but are still leasable, the Lessor shall expeditiously repair the same with no rent proration. The Lessee may not make a claim for compensation because of any inconvenience or loss of business arising from the necessity of repairing any portion of the building or the Premises.

  • Payment in the Event Losses Fail to Reach Expected Level On the date that is 45 days following the last day (such day, the “True-Up Measurement Date”) of the calendar month in which the tenth anniversary of the calendar day following the Bank Closing occurs, the Assuming Bank shall pay to the Receiver fifty percent (50%) of the excess, if any, of (i) twenty percent (20%) of the Stated Threshold less (ii) the sum of (A) twenty-five percent (25%) of the asset premium (discount) plus (B) twenty-five percent (25%) of the Cumulative Shared-Loss Payments plus (C) the Cumulative Servicing Amount. The Assuming Bank shall deliver to the Receiver not later than 30 days following the True-Up Measurement Date, a schedule, signed by an officer of the Assuming Bank, setting forth in reasonable detail the calculation of the Cumulative Shared-Loss Payments and the Cumulative Servicing Amount.

  • Limitation Upon Liability of the Credit Risk Manager Neither the Credit Risk Manager, nor any of the directors, officers, employees or agents of the Credit Risk Manager, shall be under any liability to the Trustee, the Securities Administrator, the Certificateholders or the Depositor for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, in reliance upon information provided by Servicers under the Credit Risk Management Agreements or for errors in judgment; provided, however, that this provision shall not protect the Credit Risk Manager or any such person against liability that would otherwise be imposed by reason of willful malfeasance, bad faith or gross negligence in its performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreement or the Credit Risk Management Agreements. The Credit Risk Manager and any director, officer, employee or agent of the Credit Risk Manager may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder, and may rely in good faith upon the accuracy of information furnished by the Servicers pursuant to the Credit Risk Management Agreements in the performance of its duties thereunder and hereunder.