Preliminary Matters Clause Samples
The "Preliminary Matters" clause serves to establish the foundational terms and context for the agreement. It typically includes definitions, interpretation rules, and information about the parties involved, setting the stage for the rest of the contract. For example, it may clarify how certain words are to be understood throughout the document or specify the effective date of the agreement. This clause ensures that all parties have a clear and common understanding of the basic elements and framework of the contract, reducing the risk of misunderstandings later on.
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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, ...
Preliminary Matters. The Chair of the Hearing Panel will ask each party if it has any objections to the constitution of the Hearing Panel. Responses will be noted and recorded. If an objection is raised, the party raising the objection will be asked to immediately outline the objection. The Hearing Panel will then determine the merits of the objection.
Preliminary Matters. Project Parameters
Preliminary Matters. 1.1 Effectiveness of Agreement. This Agreement shall be effective on the Execution Date.
Preliminary Matters. Title 1.1 Arrangement of Agreement 1.2 Parties Bound 1.3 Application 1.4 Date and Period of Operation 1.5 Renewal or Replacement of Agreement 1.6 Structure of Agreement 1.7 Relationship with Awards and Other Conditions 1.8 Purpose of the Agreement 1.9 Objectives of the Agreement 1.10 Posting of the Agreement 1.11 Variations to the Agreement 1.12 ILO Conventions 1.13 Prevention and Settlement of Disputes Relating to the Interpretation, Application or Operation of this Agreement 1.14 Workplace Bullying 1.15
Preliminary Matters.
2.1 The County relied upon the accuracy of all forms submitted in response to the Invitation to Bid in its decision to enter a Contract with Contractor for performance of the Work. Regardless of whether or not all forms required to be submitted in response to the ITB, are incorporated into the Contract Documents by reference, failure to submit any required form or knowing or negligent submission of inaccurate information on the forms shall be considered a material breach of the Contract.
Preliminary Matters. The ORCP Services made available to You are subject to the terms of this Agreement, ARIN’s Certification Practice Statement for Resource Certification (“ARIN CPS”), and other policies and procedures that ARIN may adopt from time to time applicable to RPKI or any ORCP Services (the “RPKI Policies”) that are or will be published on ARIN’s Website. This Agreement, the ARIN CPS and the RPKI Policies, each as may be modified from time to time by ARIN as provided in this Agreement, are referred to collectively as the “ORCP Service Terms.” The current ORCP Service Terms may be found on ARIN’s Website at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇. To the extent there is any conflict or inconsistency between this Agreement and the ARIN CPS or any RPKI Policies, this Agreement shall control. Because of the necessary role that ▇▇▇▇ performs for the Internet community, ARIN reserves the right, in its sole and absolute discretion, to amend, supplement, restate or otherwise modify any or all ORCP Service Terms at any time and from time to time, including the right to implement new ORCP Service Terms and/or make some or all ORCP Service Terms obsolete (collectively, “ORCP Term Modifications”). ARIN will post any ORCP Term Modifications on its Website and at such time, they will constitute a part of the ORCP Service Terms, be effective immediately, and be binding on You. Your continued access or use of any ORCP Services thereafter constitutes Your acceptance of such ORCP Term Modifications.
Preliminary Matters. “Consultant’s Representative” shall be _________________________, until written notice is provided to the Owner designating a new representative. “Contract Ceiling Price.” The Contract Ceiling Price for this Agreement is $______________. The Contract Ceiling Price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the Owner under this Agreement exceed the Contract Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. “Contract Price” is aggregate amount of allowable costs and fees to be paid by the Owner under this Agreement.
Preliminary Matters. On December 20, 2001, pursuant to 83 Illinois Administrative Code Part 763, American Cellular Corporation, (“American”) ▇▇▇▇▇▇ Communications Corporation (“▇▇▇▇▇▇”) and Illinois Bell Telephone Company (“Ameritech”) filed a joint request for approval of a Negotiated Interconnection Agreement, dated February 16, 2001, between the parties, pursuant to 47 U.S.C Secs. 252(a)(1) and 252(e) of the Telecommunications Act of 1996, 47 U.S.C. 151, et seq. (“the Act”). The Agreement was submitted with the request. A statement in support of the request was filed, along with verifications sworn to by ▇▇▇▇▇▇▇ ▇▇▇▇▇, on behalf of American and ▇▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇▇▇, on behalf of Ameritech, stating that the facts contained in the request for approval were true and correct. Pursuant to notice as required by law and the rules and regulations of the Commission, this matter came on for hearing by a duly authorized Administrative Law Judge of the Commission at its offices in Chicago, Illinois, on January 10, 2002. Staff filed the Verified Statement of ▇▇▇ ▇▇▇, Ph. D., a Policy Analyst with the Commission’s Telecommunications Division, which was admitted into evidence. ▇▇. ▇▇▇ recommended approval of the Agreement. At the hearing, Staff and Ameritech indicated that there were no unresolved issues in this proceeding, and the record was marked “Heard and Taken.”
Preliminary Matters. (a) The Property is intended to be developed in Phases. It is anticipated that some of the Authorized Improvements will be constructed that benefit only one or more Phases, while other Authorized Improvements will benefit the entire District. As a result, Special Assessments will be levied on a given Improvement Area from time to time as provided in this Agreement. The Costs for the Improvement Area #1 Authorized Improvements are anticipated to be initially funded by the Owner and then reimbursed from the proceeds of the Special Assessments on Improvement Area #1 and the proceeds of Improvement Area #1 Bonds. The Costs for the Future Improvement Area Authorized Improvements are anticipated to be initially funded by the Owner and then reimbursed from the proceeds of the Special Assessments on Future Improvement Areas and the proceeds of Future Improvement Area Bonds, as applicable. Notwithstanding the foregoing, with respect to the Shared Authorized Improvements, the pro rata benefit of the Cost of those Shared Improvements also constituting Authorized Improvements to each Improvement Area (as set forth in the Assessment Plan) will be allocated to each Improvement Area based on the benefit to that Improvement Area (as set forth in the Assessment Plan), such that only the Allocable Share of the Cost of a Shared Authorized Improvement will be funded by the PID Bonds secured by the Special Assessments on each Improvement Area. The Parties hereby acknowledge and agree that any references in this Agreement to the Owner's obligation to construct any given Wastewater Improvements and offsite road and/or offsite trail may be disregarded should the City build such improvement and in such event the provisions of this Agreement pertaining to design, construction, acquisition and administration of Authorized Improvements do not apply to those improvements built by the City.
(b) The Owner acknowledges and agrees that the Assessment Plan must meet the requirements of Texas Local Government Code §§ 372.013 and 372.014 and be presented to the City Council for review and approval prior to levy of assessments and issuance of PID Bonds. The final Assessment Plan approved pursuant to the initial Assessment Ordinance shall contain an engineering report accepted and approved by the City. Each time a new assessment levy is requested an updated engineering report shall be provided by the Owner and submitted for review and approval by the City prior to levy of assessments. After ap...