Preliminary Evaluation Site evaluation and planning functions should proceed concurrently with the accomplishment of Schematic Design, Design Development, and Construction Documents. The Design Professional shall conduct a preliminary review of the site based on information furnished by the Owner. The Design Professional will advise the Owner of potential site-related problems that the Design Professional notes from such review.
Preliminary 1. Short title
Preliminaries Where prices are submitted by the contractor or nominated/selected sub contractor during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing. Clause 31.9 is amended as follows: Payment shall be subject to the Employer giving the Contractor a Tax Invoice for the amount due. The Employer undertakes to ensure compliance with the administrative requirements of Sections 20 (2) and 21 (4) of the Value Added Tax Act (Act 89 of 1991). The Contractor agrees to the adoption of the self invoicing procedures and undertakes not to issue any tax invoices, debit or credit notes in respect of any transaction included in the Tax Invoices issued by the Employer. The above clauses shall constitute a written agreement between the parties as required in terms of the Value Added Tax Act (Act 89 of 1991).' 30 F: ……….… V: ….……… T: ….……... Item Adjustment to the contract value (Clause 32). 31 F: ……….… V: ….……… T: ….……... Item Recovery of expense and loss (Clause 33). 32 F: ……….… V: ….……… T: ….……... Item Final account and final payment (Clause 34). 33 F: ……….… V: ….……… T: ….……... Item Payment to other parties (Clause 35). 34 F: ……….… V: ….……… T: ….……... Item Section 1 Bill No. 1 Preliminaries R CANCELLATION Cancellation by Employer - Contractor's default (Clause 36). 35 F: ……….… V: ….……… T: ….……... Item Cancellation by Employer - Loss and damage (Clause 37). 36 F: ……….… V: ….……… T: ….……... Item Cancellation by Contractor - Employer's default (Clause 38). 37 F: ……….… V: ….……… T: ….……... Item Cancellation - Cessation of the works (Clause 39). 38 F: ……….… V: ….……… T: ….……... Item DISPUTE Dispute Settlement (Clause 40) 39 F: ……….… V: ….……… T: ….……... Item SUBSTITUTE PROVISIONS State Clauses (Clause 41) 40 F: ……….… V: ….……… T: ….……... Item CONTRACT VARIABLES The Schedule: Pre-Tender information (Clause 42). 41 F: ……….… V: ….……… T: ….……... Item Carried to Collection Section 1 Bill No. 1 Preliminaries
Preliminary Matters 3.1. At least five (5) days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant’s review and acceptance:
3.1.1. A progress schedule in the indicated form: Bar Chart Modified Critical Path Method (“CPM”) CPM Computerized CPM (CPM is interpreted to be generally as outlined in the Association of General Contractors (“AGC”) publication, “The Use of CPM in Construction.”) The progress schedule shall indicate the start and completion dates of the various stages of the Work, and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by Contractor, submitted as part of each Application for Payment, and must be acceptable to Consultant.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract that includes lump sum bid items of Work, a preliminary schedule of values for all of the Work that includes quantities and prices of items aggregating the Contract Price and that subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include a breakdown of labor, equipment, materials, and an appropriate amount of overhead and profit applicable to each item of Work, which amounts Contractor must confirm in writing at the time of submission. In addition, after award but prior to the submission of the progress schedule, Consultant, Contract Administrator, and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation; provided, however, that neither Consultant nor Town shall be responsible for the nonperformance by the utility owners.
3.2. At a time specified by Consultant, but before Contractor starts the Work at the Project site, a conference attended by Contractor, Consultant, and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1; to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment; and to establish a working understanding among the Parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the applicable Notice to Proceed, a conference attended by Contractor, Consultant, and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five
Preliminary Approval 50. Upon execution of this Agreement by all signatories, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached as Exhibit 1 to this Agreement. The motion for preliminary approval shall request that the Court: (1) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e) for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the Notice; (4) approve the procedures set forth in Section VII for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5) stay the Action pending Final Approval of the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim; and (7) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards (“Final Approval Hearing”).
51. Within 10 days of the filing of the motion for preliminary approval, SPE, at its own expense, shall serve or cause to be served a notice of the proposed Settlement, in conformance with the requirements under the Class Action ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇(▇) (“CAFA”).