Instructions of the Authority’s Engineer Clause Samples

Instructions of the Authority’s Engineer. (i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the Contractor. The Contractor shall take such instructions from the Authority’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. (ii) The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm the oral instructions in writing within 2 (two) working days of issuing them. (iii) In case the Contractor does not receive the confirmation of the oral instructions within the time specified in Clause 18.4 (ii), the Contractor shall seek the written confirmation of the oral instructions from the Authority’s Engineer. The Contractor shall obtain acknowledgement from the Authority’s Engineer of the communication seeking written confirmation. In case of failure of the Authority’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instructions. (iv) In case of any dispute on any of the instructions issued by the delegated assistant, the Contractor may refer the dispute to the Authority’s Engineer, who shall then confirm, reverse or vary the instructions within 3 (three) business days of the dispute being referred.
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Instructions of the Authority’s Engineer. (i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the Contractor. The Contractor shall take such instructions from the Authority’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. (ii) The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm the oral instructions in writing within 2 (two) working days of issuing them. (iii) In case the Contractor does not receive the confirmation of the oral instructions within the time specified in Clause 18.4 (ii), the Contractor shall seek the written confirmation of the oral instructions from the Authority’s Engineer. The Contractor shall obtain
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Instructions of the Authority’s Engineer. (i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the Contractor. The Contractor shall take such instructions from the Authority’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3.
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Instructions of the Authority’s Engineer. 18.4.1 The Authority’s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Authority’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. 18.4.2 The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them.
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Instructions of the Authority’s Engineer. (i) The Authority’s Engineer may issue instructions for remedying any Defect(s) to the Contractor. The Contractor shall take such instructions from the Authority’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. (ii) The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm the oral instructions in writing within 2 (two) working days of issuing them. (iii) In case the Contractor does not receive the confirmation of the oral instructions within the time specified in Clause 18.4 (ii), the Contractor shall seek the written confirmation of the oral instructions from the Authority’s Engineer. The Contractor shall obtain Bangladesh Border including Dawki Bridge from (Design km 63+530 to km 71+520) design length of 7.99 km in the State of Meghalaya for execution on EPC mode under JICA funding - (Package-V)-Balance Work acknowledgement from the Authority’s Engineer of the communication seeking written confirmation. In case of failure of the Authority’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instructions. (iv) In case of any dispute on any of the instructions issued by the delegated assistant, the Contractor may refer the dispute to the Authority’s Engineer, who shall then confirm, reverse or vary the instructions within 3 (three) business days of the dispute being referred.
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Instructions of the Authority’s Engineer. 17.4.1 The Authority’s Engineer may issue to the Concessionaire instructions for remedying any Defect. The Concessionaire shall take such instructions from the Authority’s Engineer only. 17.4.2 The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Concessionaire, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them. 17.4.3 In case the Concessionaire does not receive the confirmation of the oral instructions within the time specified in Clause 17.4.2, the Concessionaire shall seek the written confirmation of the oral instructions from the Authority’s Engineer and shall obtain acknowledgement from the Authority’s Engineer of the communication seeking written confirmation. In case of failure of the Authority’s Engineer to reply to the Concessionaire within 2 (two) days of the receipt of the communication from the Concessionaire, the Concessionaire may not carry out the instruction.
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Instructions of the Authority’s Engineer. 16.4.1 The Authority’s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Authority’s Engineer only. 16.4.2 The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing such oral instructions. 16.4.3 In case the Contractor does not receive the confirmation of the oral instructions within the time specified in Clause 16.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Authority’s Engineer and shall obtain acknowledgement from the Authority’s Engineer of the communication seeking written confirmation. In case of failure of the Authority’s Engineer to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction.
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Instructions of the Authority’s Engineer. 18.4.1 The Authority’s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Authority’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. 18.4.2 The instructions issued by the Authority’s Engineer shall be in writing. However, if the Authority’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them. 18.4.3 In case the Contractor does not receive the confirmation of the oral instruction within the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Authority’s Engineer. The Contractor shall obtain acknowledgement from the Authority’s Engineer of the communication seeking written confirmation. In case of failure of the Authority’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction. 18.
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Instructions of the Authority’s Engineer. (i) The Authority’s Engineer may issue instructions for remedying any Defect
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Related to Instructions of the Authority’s Engineer

  • Access to the Authority and the Authority’s Engineer (i) The Right of Way given to the Contractor hereunder shall always be subject to the right of access of the Authority and the Authority’s Engineer and their employees and agents for inspection, viewing and exercise of their rights and performance of their obligations under this Agreement. (ii) The Contractor shall ensure, subject to all relevant safety procedures, that the Authority has un-restricted access to the Site during any emergency situation, as decided by the Authority’s Engineer.

  • Obligations of the Authority (i) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. (ii) The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for testing of the completed Works. (iii) The Authority shall, upon submission of the Performance Security as per the RFP by the Contractor, shall provide to the Contractor: (a) No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total length of the Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be in contiguous stretches of length not less than 1( One) kilometre. (b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over- bridges/ under- bridges at level crossings on the Project Highway in accordance with the Specifications and Standards, and subject to the terms and conditions specified in such approval, within a period of 60 (sixty) days from the Appointed Date, and reimbursement of all the costs and expenses paid by the Contractor to the railway authorities for and in respect of the road over- bridges/ under bridges; and7 (c) all environmental clearances as required under Clause 4.3.8 (iv) Delay in providing the Right of Way or approval of GAD by railway authorities, as the case may be, in accordance with the provisions of Clause 3.1 (iii) shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over-bridge/ under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 2 (two) kilometre for each such road over-bridge/ under-bridge.

  • Representations of the Adviser 4.1. The Adviser has all requisite power and authority to enter into and perform its obligations under this Agreement, and has taken all necessary corporate action to authorize its execution, delivery and performance of this Agreement. 4.2. The Adviser is registered as an investment adviser under the Advisers Act. None of the Adviser, its affiliates, or any officer, manager, partner or employee of the Adviser or its affiliates is subject to any event set forth in Section 9 of the 1940 Act that would disqualify the Adviser from acting as an investment adviser to an investment company under the 1940 Act. The Adviser will promptly notify the Sub-Adviser upon the Adviser’s discovery of an occurrence of any event that would disqualify the Adviser from serving as an investment adviser of an investment company pursuant to Section 9(a) of the 1940 Act or otherwise. The Adviser agrees to comply with the requirements of the 1940 Act, the Advisers Act, the 1933 Act, the Securities Exchange Act of 1934, as amended, the Commodity Exchange Act and the rules and regulations thereunder, as applicable, as well all other applicable federal and state laws, rules, regulations and case law that relate to the Adviser’s services described hereunder and the to the conduct of its business as a registered investment adviser and to maintain all licenses and registrations necessary to perform its duties hereunder in good order. The Adviser shall maintain compliance procedures that it reasonably believes are adequate to ensure its compliance with the foregoing. 4.3. The Adviser has the authority under the Investment Advisory Agreement to appoint the Sub-Adviser. 4.4. The Adviser further represents and warrants that it has received a copy of the Sub-Adviser’s current Form ADV. 4.5. The Adviser has provided the Sub-Adviser with each Fund’s most current prospectus and statement of additional information contained in the Trust’s registration statement and the Investment Policies, as in effect from time to time. The Adviser shall promptly furnish to the Sub-Adviser copies of all material amendments or supplements to the foregoing documents. 4.6. The Adviser or its delegate will provide timely information to the Sub-Adviser regarding such matters as inflows to and outflows from each Fund and the cash requirements of, and cash available for investment in, the Fund. 4.7. The Adviser or its delegate will timely provide the Sub-Adviser with copies of monthly accounting statements for each Fund, and such other information as may be reasonably necessary or appropriate in order for the Sub-Adviser to perform its responsibilities hereunder.

  • Representations of GFS GFS represents and warrants to the Trust that: (i) it is a limited liability company duly organized and existing and in good standing under the laws of the State of Nebraska; (ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement; (iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement; and (iv) it is registered as a transfer agent under Section 17A of the Securities Exchange Act of 1934 and shall continue to be registered throughout the remainder of this Agreement.

  • REPRESENTATIONS OF THE ADVISOR (a) The Advisor shall use its best judgment and efforts in rendering the advice and services to the Fund as contemplated by this Agreement. (b) The Advisor shall maintain all licenses and registrations necessary to perform its duties hereunder in good order. (c) The Advisor shall conduct its operations at all times in conformance with the Advisers Act, the Investment Company Act, and any other applicable state and/or self-regulatory organization regulations. (d) The Advisor shall maintain errors and omissions insurance in an amount at least equal to that disclosed to the Board of Trustees in connection with their approval of this Agreement.