EXECUTION, CORRELATION AND INTENT Sample Clauses
The EXECUTION, CORRELATION AND INTENT clause defines how a contract is formally agreed upon, how multiple copies or counterparts are treated as a single agreement, and clarifies the parties' intentions regarding the document's legal effect. In practice, this clause typically allows the contract to be signed in counterparts, meaning each party can sign separate copies that together form a binding agreement, and may also specify that electronic signatures are valid. Its core function is to ensure that the contract is validly executed and enforceable, even if parties sign at different times or locations, and to confirm that all parties intend to be legally bound by the agreement.
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EXECUTION, CORRELATION AND INTENT. 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has examined the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.
1.2.2.1 Examination of site shall include determination of the nature and scope of the Work and all difficulties that accompany its execution.
1.2.2.2 Claims for additional labor, equipment, materials, or costs, resulting from difficulties which should have been noted during the examination of the site, will not be allowed.
1.2.2.3 The Contractor shall correlate all dimensions shown on the Drawings for existing work and for new work which is to connect to it. Verify existing dimensions by actual measurement of existing work. Report in writing to the Architect all discrepancies between the requirement of the Contract Documents and Existing conditions.
1.2.2.4 The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation (1) the location, condition, layout and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) anticipated labor supply and costs, (4) availability and cost of materials, tools and equipment and (5) other similar issues. The Owner assumes no responsibility or liability for the physical condition or safety of the Project site or any improvements located on the Project site. The Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this paragraph.
1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonabl...
EXECUTION, CORRELATION AND INTENT. 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work
EXECUTION, CORRELATION AND INTENT. 1.2.1 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents.
1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable there from as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance which such recognized meanings.
1.2.3 The Notice to Proceed will come in the form of a written letter to the Contractor. Once the written Notice to Proceed has been received by the Contractor, that date will be the legal start date for work under the Contract. In the event of a failure to issue a Notice to Proceed written document specifying the commencement date, the pre-commencement of services meeting date will serve as the Notice to Proceed date.
EXECUTION, CORRELATION AND INTENT. 1.2.1 Execution of the Contract by ▇▇▇▇ is conclusive that ▇▇▇▇ has visited the Work site, become familiar with local conditions under which the Work will be performed, and fully informed itself as to conditions and matters which can affect the Work or costs. ▇▇▇▇ further agrees that it has carefully correlated personal observations with requirements of the Contract.
1.2.2 The Contract Documents and Modifications have been read and carefully considered by ▇▇▇▇, who understands and agrees to their sufficiency for the Work. The Contract may not be more strongly construed against the City than against ▇▇▇▇ and Surety.
1.2.3 ▇▇▇▇ shall include all items necessary for proper execution and completion of the Work in strict accordance with the Contract Documents and reasonably inferable therefrom.
1.2.4 Reference to standard specifications, manuals, or codes of a technical society, organization, or association, or to laws or regulations of a governmental authority, whether specific or implied, mean the latest edition in effect as of date of written agreement as to a CGMP or the GMP), except as may be otherwise specifically stated in the Contract Documents.
1.2.5 No provision of any referenced standard, specification, or manual changes the duties and responsibilities of the City, Director, ▇▇▇▇, or Design Consultant from those set forth in the Contract.
1.2.6 Organization of Specifications into divisions, sections, and articles and arrangement of Drawings does not control ▇▇▇▇ in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.7 Unless otherwise defined in the Contract, words which have well‑known construction industry technical meanings are used in the Contract in accordance with these recognized meanings.
1.2.8 Where the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall mean the direction, requirement, permission, order, designation, or prescription of Director unless explicitly stated otherwise. The words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to Director, unless explicitly stated otherwise.
1.2.9 Reference to a specific requirement of a cited standard shall include all general requirements of the entire cited standard pertinent to the specific reference.
EXECUTION, CORRELATION AND INTENT. The Contract Documents are complementary and are intended to include all items required for the proper execution and completion of the Work. Any item of Work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided by Contractor as if shown or mentioned in both. In the event of conflicting provisions between any of the Contract Documents, the provisions shall govern in the following priority: first, duly executed amendments to this Agreement (to the extent not superseded by a subsequent amendment), second, this Agreement and third, the other Contract Documents. Subject to the foregoing, the several instruments forming part of this Agreement are to be taken as mutually explanatory of one another. Each and every provision of law required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall be amended in writing to make such insertion or correction.
EXECUTION, CORRELATION AND INTENT.
1.2.1 Contractor shall furnish all Work required for the construction and administration of the Project as set forth in the Contract Documents or as reasonably inferable from the Drawings and Specifications to produce a completed, fully operational, and functional Project suitable for Owner’s intended purposes. Contractor shall be responsible for performing and coordinating the total construction of the Project, including the coordination of all labor, materials, facilities, utilities, equipment, insurance, taxes and all other items necessary for the proper execution and completion of the Work within the Key Completion Times for the Contract Price. Lists of “Work Included,” “Scope” or “Description of Work” are not intended to enumerate each and every item of Work or appurtenances required. Words which have well-known technical or trade meanings are used herein in accordance with such recognized meanings.
1.2.2 Contractor represents that (i) it is financially solvent; (ii) it is qualified to conduct business in the State of Michigan; (iii) it has all required licenses and permits necessary in connection with performance by Contractor hereunder (all such licenses and permits shall be at Contractor’s sole cost and expense); (iv) it has the expertise and authority to perform its obligations under the Contract Documents; (v) it has inspected the Project and the Work and familiarized itself with the local conditions (including, both all physical conditions and all local codes, laws and applicable regulations) under which the Work is to be performed; (vi) it is familiar with all applicable federal, state, and local laws, ordinances and regulations which may, in any way, affect the Project and the Work or those employed therein; and (vii) the Contract Price is the agreed amount for all the Work, including all risks, hazards, and difficulties in connection therewith assumed by Contractor under the Contract Documents. Contractor shall ensure that the foregoing representations are included in any Subcontract.
1.2.3 Where codes, standards, requirements and publications of public and private bodies are referred to in the Specifications, references shall be understood to be to the latest revision prior to the date of execution of the Agreement, except where otherwise indicated.
1.2.4 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of new, high quality for the intended use and workmanship shall be consist...
EXECUTION, CORRELATION AND INTENT. § 1.2.1 It is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding on the Design/Builder as if required by all; performance by the Design/Builder shall be required to the extent consistent with or reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
§ 1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design/Builder shall promptly notify the Owner in writing. Neither the Design/Builder nor the Architect shall be obligated to perform any act which will violate any applicable law.
§ 1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder.
EXECUTION, CORRELATION AND INTENT. 1.2.1 It is the intent of the Owner and Design-Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary and what is required by one will be as binding as if required by all. Performance by the Design-Builder will be required only to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.2 The parties will not be bound by, or be liable for, any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments or Modifications of any of the terms or conditions of this Contract will be valid unless reduced to writing and signed by both parties. This Contract may be amended or changed only by Modification.
1.2.3 If the Design-Builder believes, or is advised by another licensed design professional retained by the Owner to provide services on the Project, that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design-Builder will notify the Owner in writing. The Design-Builder will not be obligated to perform any act which will violate any applicable law.
1.2.4 Nothing contained in this Contract will create a contractual relationship between the Owner and any person or entity other than the Design-Builder, unless otherwise provided in this Contract.
1.2.5 Execution of this Contract by the Design-Builder is a representation and warranty that the Design-Builder (a) is particularly experienced and skilled in the construction of structures and improvements of the type described in the Contract Documents, and (b) has, by careful examination, satisfied itself as to and has taken into account (i) the nature, location and character of the Project Site, including but not limited to, the surface and subsurface (by review of available reports and information) condition of the land and all structures and obstructions thereon, both natural and man-made, and all surface and subsurface (to the extent reasonably identified by review of available reports and information) water conditions of the project site and the surrounding area; (ii) the nature, location and character of the general area in which the Project sites are located; and ...
EXECUTION, CORRELATION AND INTENT. 1.2.1 The Construction Manager and Authority shall sign this Construction Services Agreement in not less than triplicate.
1.2.2 It is the intent of the Construction Manager and Authority that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents, but reasonably inferable from the Contract Documents, will be included as part of the Work. Words and abbreviations that have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.3 The Construction Manager will review the Design Documents as they are being produced, and provide comments based on constructability, Value Engineering, and known inconsistencies, ambiguities, or errors, especially before it provides a Construction Management Plan containing its GMP Proposal as provided in Exhibit 3 of the Construction Services Agreement; as a result, any inconsistencies among and between the Contract Documents shall be governed by the most strict or stringent requirements included therein and as determined by the Authority.
1.2.4 The Construction Manager accepts a duty of trust and confidence toward the Authority created by this Construction Services Agreement, and covenants with the Authority to furnish the Construction Manager’s skill and judgment and to cooperate with the Project Participants in furthering the interests of the Authority. Consistent with its Standard of Care, the Construction Manager shall furnish construction administration and management services and use the Construction Manager’s expertise and best efforts to perform the Work in an expeditious and economical manner and in furtherance of the interests of the Authority.
1.2.5 The Construction Manager hereby acknowledges and agrees that it is the intent of Construction Manager and Authority under this Construction Services Agreement that Construction Manager shall fully advise and consult with the Authority, the Team, their representatives, and the Architect from the early stages of design through completion of
EXECUTION, CORRELATION AND INTENT. 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.