SUBSTITUTION PROCEDURES Sample Clauses
The SUBSTITUTION PROCEDURES clause outlines the process by which one party may replace a person, product, or service originally specified in the agreement with an alternative. Typically, this clause details the conditions under which substitutions are permitted, such as requiring prior written approval or ensuring the substitute meets certain standards or qualifications. Its core function is to provide flexibility while maintaining quality and consistency, ensuring that any changes do not negatively impact the contractual relationship or the expected outcomes.
SUBSTITUTION PROCEDURES. 2.3.1 Refer to the UGC for requirements not identified in this Section.
2.3.2 The specified products used in preparing the Contract Documents establish minimum qualities. Substitutions must be at least equal to the minimum qualities for consideration by Owner as an acceptable substitution. The burden of proof of equality rests with the Contractor. The Owner retains sole authority for acceptance of substitutions.
2.3.3 Contractor shall submit all substitution requests within sixty (60) days of the Notice to Proceed for Construction and shall allow a minimum of twenty-one (21) days for review of each substitution by the Architect/Engineer and Owner in addition to the requirements identified in Section 2.2 above. Contractor is solely responsible for allowing sufficient time for substitutions to be considered without affecting Contract Time.
2.3.4 Substitution requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution, including drawings, performance and test data, and other information necessary for an evaluation. Documentation for substitution requests shall show compliance with the following, as applicable:
2.3.4.1 Statement indicating why specified product or fabrication or installation cannot be provided,
2.3.4.2 Coordination information, including a list of changes or modifications needed to other parts of the Work that will be necessary to accommodate proposed substitution.
2.3.4.3 Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.
2.3.4.4 Product data, including drawings and descriptions of products and fabrication and installation procedures.
2.3.4.5 Samples, where applicable or requested. Owner may require Contractor to provide Samples of both the specified item and the proposed item for comparison.
2.3.4.6 Certificates and qualification data, where applicable or requested.
2.3.4.7 List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners.
2.3.4.8 Material test reports from a qualified testing agency indicating and inte...
SUBSTITUTION PROCEDURES. (a) If Tenant shall initiate a substitution pursuant to Section 16.1 or 16.2, Landlord shall have a period of thirty (30) days within which to review the designated properties and such additional information and either accept or reject the Substitute Properties so presented, unless Tenant is required by a court order or administrative action to divest or otherwise dispose of the Leased Property within a shorter time period, in which case the time period shall be shortened appropriately to meet the reasonable needs of Tenant, but in no event shall such period be less than five (5) Business Days after Landlord's actual receipt of Tenant's notice (subject to further extension for any period of time in which Landlord is not timely provided with the information provided for in this Section 16.3 and Section 16.4 below). Landlord and Tenant shall use good faith efforts to agree on a Substitute Property.
(b) In the event that, on or before the expiration of the applicable time period for Landlord's review, Landlord has rejected both of the Substitute Properties so presented, Tenant shall, for a period of sixty (60) days after the expiration of such period, have the right to terminate this Lease, by the giving of written notice thereof to Landlord, accompanied by an offer to purchase the Leased Property on the date set forth in such notice, but in no event less than ninety (90) days thereafter, for a purchase price equal to the greater of the then Fair Market Value Purchase Price or the Minimum Repurchase Price, and, subject to the provisions of Article 15, this Lease shall terminate on such purchase date.
(c) Landlord shall not unreasonably withhold its consent to an offer by Tenant to substitute a property as set forth in this Article provided (i) Landlord shall determine the Substitute Property shall provide Landlord with a yield substantially equivalent to Landlord's yield from the Leased Property immediately before such substitution or such damage or destruction, as the case may be, and as projected over the remainder of the Term and (ii) the delivery of an opinion of counsel for Landlord confirming that (w) the substitution of the Substitute Property for the Leased Property will qualify as an exchange solely of property of a like-kind under Section 1031 of the Code, in which, generally, except for "boot", no gain or loss will be recognized by Landlord, (x) the substitution will not result in ordinary recapture income to Landlord pursuant to Section 1250(d)(4)...
SUBSTITUTION PROCEDURES. 2.3.1 Refer to the UGC for requirements not identified in this Section.
2.3.2 The specified products used in preparing the Contract Documents establish minimum qualities. Substitutions must be at least equal to the minimum qualities for consideration by Owner as an acceptable substitution. The burden of proof of equality rests with the Contractor. The Owner retains sole authority for acceptance of substitutions.
2.3.3 Contractor shall submit all substitution requests within sixty (60) days of the Notice to Proceed for Construction and shall allow a minimum of twenty-one (21) days for review of each substitution by the Architect/Engineer and Owner in addition to the requirements identified in Section 2.2 above. Contractor is solely responsible for allowing sufficient time for substitutions to be considered without affecting Contract Time.
2.3.4 Substitution requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution, including drawings, performance and test data, and other information necessary for an evaluation. Documentation for substitution requests shall show compliance with the following, as applicable:
SUBSTITUTION PROCEDURES. Refer to the UGC for requirements not identified in this Section.
SUBSTITUTION PROCEDURES. If any of (x) a Defect Substitution Event, (y) a CC Substitution Event (as hereinafter defined) or (z) a Closing Condition Substitution Event (as hereinafter defined) occurs from time to time, Contributor may in its sole and absolute discretion elect (with respect to a Defect Substitution Event or a Closing Condition Substitution Event, at any time at or prior to the applicable Closing; with respect to a CC Substitution Event, within ten (10) Business Days of delivering notice of such CC Substitution Event) to retain its interests in such affected Property or Properties (individually or collectively, as the context may require, the "Affected Property") (for purposes of clarity, notwithstanding anything to the contrary, one Substitute Property may replace more than one Affected Property if the value of the Substitute Property is greater than or equal to such replaced Properties) and, in lieu of transferring such interests to the Company at the applicable Closing, as may be otherwise required by this Agreement, Contributor shall deliver to the Company fee simple title (or Contributed Interests, as applicable) with respect to a Substitute Property, pursuant to the same terms of this Agreement applicable to any other Property, provided that in the event that title to the Substitute Property is delivered to the Relevant Contributee in accordance with the foregoing, the Company shall obtain the prior approval of any lender of the Company to release any mortgage or other lien held by such lender on the Substitute Property in exchange for a lien on the Property originally required to be delivered at the applicable Closing Date once such Defect is cured. If the applicable lender does not agree to
SUBSTITUTION PROCEDURES. (i) If Tenant shall initiate a substitution pursuant to Section 2.5(a) or 2.5(b), Landlord shall have a period of thirty (30) days within which to review the designated property or properties and such additional information to determine if it conforms to the requirements of Sections 2.5(a), 2.5(b) and 2.5(c).
(ii) Landlord shall not be obligated to substitute a property as set forth in this Section 2.5 unless (i) Landlord shall determine the Fair Market Value of the Substitute Property is not less than the Fair Market Value of the Property proposed to be replaced immediately before such substitution and (ii) the delivery of an opinion of counsel for Landlord confirming that (w) the substitution of the Substitute Property for such Property will qualify as an exchange solely of property of a like-kind under Section 1031 of the Code, in which, generally, except for “boot”, no gain or loss will be recognized by Landlord, (x) the substitution will not result in ordinary recapture income to Landlord pursuant to Section 1250(d)(4) of the Code or any other provision of the Code, (y) the substitution will result in income, if any, to Landlord of a type described in Section 856(c)(2) or (3) of the Code and will not result in the tax imposed under Section 857(b)(6) of the Code, and (z) the substitution, together with all other substitutions made or requested by Tenant, during the relevant time period, will not jeopardize the qualification of Landlord as a real estate investment trust under Sections 856-860 of the Code. Landlord shall use reasonable efforts to obtain such opinion.
(iii) The Rent under this Agreement shall not be affected by any substitution.
SUBSTITUTION PROCEDURES. 2.3.1 Refer to the UTUGCs for requirements not identified in this Section.
2.3.2 The specified products used in preparing the Contract Documents establish minimum qualities. Substitutions must be at least equal to the minimum qualities for consideration by Owner as an acceptable substitution. The burden of proof of equality rests with Contractor. Owner retains sole authority for acceptance of substitutions.
2.3.3 Contractor shall submit all substitution requests within sixty (60) days of the Notice to Proceed with Construction and shall allow a minimum of twenty-one (21) days for review of each substitution by the A/E and Owner in addition to the requirements identified in Section
SUBSTITUTION PROCEDURES. 1) A regular driver who wishes to be filled in on a day when s/he has less than his/her scheduled runs, must indicate this in writing to the Supervisor of Transportation at the time of run selection, or by the end of the first week worked when returning from an approved leave of absence.
2) A regular driver will be assigned runs by the Supervisor of Transportation on a daily basis to complete his/her schedule.
3) Drivers will be paid for work lost due to school schedules being altered because of record days, exams, inservice days parent/teacher conferences, or pre-k field trips.
4) No driver shall be filled in for runs in excess of ten (10) runs per day.
5) Runs will be assigned to drivers in order of seniority.
6) A regular driver whose name is listed for fill in who refu- ses an assigned run will have his/her name removed from the list for a period of five (5) working days, and will not be assigned fill in runs during this period unless no regular, probationary, or substitute is available.
7) A known absence of five (5) or more days shall be filled for the duration of that absence by the most senior driver preferring that package and who has a number of runs less than the package being filled.
SUBSTITUTION PROCEDURES. PART 1 - GENERAL
SUBSTITUTION PROCEDURES. PART 1 -