Taking Over Sample Clauses
The 'Taking Over' clause defines the point at which the ownership and responsibility for a project, work, or asset formally transfers from the contractor to the client or employer. Typically, this occurs after the contractor has completed the agreed-upon work and the client has inspected and accepted it, sometimes issuing a formal certificate or notice to confirm the transfer. This clause is essential for clarifying when liability for the work shifts, helping to prevent disputes over defects, maintenance, or damages that arise after the handover.
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Taking Over. 56.1 The Employer shall take over the Site and the Works within seven days of the Engineer issuing a certificate of Completion.
Taking Over. 64.1 The Procurement Authority shall take over the site and the works within seven (7) days of the Project Manager’s issuing a certificate of Completion.
Taking Over. If the Party having the primary right to enforce its rights against such Third Party Infringement pursuant to Sections 10.1.2 or 10.1.3, respectively, elects not to enforce its rights against such Third Party Infringement or not to further pursue the enforcement of its rights, such Party shall notify the other Party of such decision as soon as reasonably practicable and in any event within [*****] after receipt of the Third Party Infringement notice or after the decision not to further pursue the enforcement of its rights. If after the expiry of the [*****] period (or, if earlier, the date upon which the Party which has the primary right to enforce its rights against such Third Party Infringement provides written notice that it has decided not to or to no longer enforce its rights against such Third Party Infringement), the Party which has the primary right to enforce its rights against such Third Party Infringement has neither obtained a discontinuance of the Third Party Infringement, nor filed suit with regard to such Third Party Infringement, then the other Party shall have the right, but not the obligation, to take action or bring suit with respect to such Third Party Infringement at its own expense.
Taking Over. 18.1. The VPN Part of the System shall be taken over and a Taking-Over-Certificate shall be issued by the Purchaser, when it has successfully passed the Acceptance Tests.
18.2. The PPS Part of the System shall be taken over and a Taking-Over-Certificate shall be issued by the Purchaser when it has successfully passed the PPS Acceptance Tests.
18.3. Taking-Over Certificate shall be issued by the Purchaser not later than the second Business day following the day when the Acceptance Tests and/or PPS Acceptance Test has been successfully passed and delivered to the Supplier the same day. The period between the announcement for Ready for Acceptance Tests and Issuance of Taking Over Certificate shall be 6 weeks in principal, however, in no case shall exceed 3 months.
18.4. The Purchaser shall not commercially use any Part of the System before a Taking-Over Certificate has been issued in respect thereof. . -------------------------------------------------------------------------------- EuroTel Bratislava Page 32 of 59 Siemens 13 august-2001 > The Purchaser is allowed to use both Parts of the System for the business simulations which use shall not be deemed as a (i) beginning of the commercial use of the respective Part of the System, Service and Functionalities and/or (ii) Taking over of the System or respective Part of the System. Any Part of the System shall not be deemed taken over unless it is supplied in a manner that all of the Service and Functionalities operate in compliance with the operation description set forth in this Contract.
Taking Over certificate
a) The Works shall be deemed to have been completed in accordance with this Contract and relevant specifications and to the satisfaction of the Employer only upon issuance of the Taking over Certificate by the Employer to the Contractor
b) Notwithstanding the issue of the Taking Over Certificate, the Contractor shall remain liable for the fulfillment of any obligation incurred under the provisions of this Contract prior to the issuance of Taking Over Certificate and which remains unperformed at the time such certificate is issued. For the purpose of determining the nature and extent of any such obligation the Contract shall be deemed to remain in force between the Parties.
Taking Over. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over of Parts of the Works Certificate for any part of the Permanent Works.
(a) the part which is used shall be deemed to have been taken over as from the date on which it is used,
(b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer, and
(c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, other than such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to payment of any such Cost plus reasonable profit, which shall be included In the Contract Price After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this Cost and profit. If a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced For any period of delay after the date stated in this Taking- Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section (as the case may be ) as a whole. The Engineer shall proceed in accordance with Sub- Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub- Clause 8.7 (Delay Damages), and shall not affect the maximum amount of these damages. General Conditions 33
Taking Over. Certificate
Taking Over. The Second Party shall provide services for minimum thirty workingdays or maximum sixty days beyond the date of expiry of the contract without any extra cost so that all the equipment under maintenance contract is handed over to the next contractor. The second party shall undertake to declare that it has taken over and inspected all the computer hardware covered under AMC as per Annexure-A. Any equipment not made available in working condition on the last working day of the contract period shall be rectified/ repaired by the Second Party within the next ten working days failing which the equipment shall be rectified from alternative sources and the cost thereof shall be deducted from the last/ final CAMC payment.
Taking Over. Upon the successful completion of all the tests to be conducted at site on the materials/items executed by the contractor, the Architect/Consultant shall issue a recommendation letter to the Bank confirming that the interiors is ready to be taken over by the Bank. Issuance of such recommendation letter for taking over shall not relieve the contractor of any of his obligations under the terms and conditions of contract.
Taking Over. 12.1 (1) The Purchaser has the right to check provision of services in order to determine their compliance with the requirements of the Tender Book and the provisions of this Contract.