Third Party Engineer Clause Samples

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Third Party Engineer. Disputes arising under subsections 2.6, 2.7, 9.5(b), 9.6, 10.1 and 17.4 of this Contract, or as otherwise specifically provided elsewhere in this Contract, or as otherwise mutually agreed by the Parties, are to be resolved by the Third Party Engineer in the manner provided in this subsection 23.3. The Vendor and the Buyer will first attempt to resolve the dispute through consultation and negotiation in good faith and in a spirit of mutual cooperation as provided in subsection 23.1 above. If those attempts fail, then either Party may submit its written notice to the other Party requesting that the dispute be resolved by the Third Party Engineer, in accordance with the merits of the dispute. If, within ten (10) Business Days after the receipt of such notice by the notified Party, the dispute is not resolved, the Owner will select one of the Third Party Engineers listed on Schedule 14 to render decision in the dispute. The Third Party Engineer will issue a written decision containing an explanation of how and why the decision was reached. The Third Party Engineer's decision will be final and binding, except with respect to any opinion that over the Term of the Contract will impact the losing Party in the amount of one million dollars ($1,000,000) or more. If within ten (10) Business Days following the issuance of any such opinion the Parties have not agreed to implement the terms of any such opinion that is not final, either Party may seek arbitration pursuant to the provisions of subsection 23.2 above. In such arbitration, either Party may introduce into evidence the opinion of the Third Party Engineer, but the arbitrator(s) must rule on all issues of the dispute on a de novo basis, except as to any facts or other matters set forth in the opinion and stipulated by both of the Parties. If none of the listed Third Party Engineers is available or if none accepts the assignment and the Parties cannot otherwise mutually agree to another Third Party Engineer, an experienced and reputable engineer (who is not employed by either Party or any of their Affiliates or affiliates) will be chosen by the then President of the Institute of Electrical and Electronic Engineers (or the Vice President, if the President is a present or former employee of any such entities) to serve as the Third Party Engineer for the purposes of resolving the dispute. Unless otherwise mutually agreed by the Parties, any Person who is an officer or employee, agent, Subcontractor or subcontractor ...
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Third Party Engineer. 39 SECTION 11.2
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Third Party Engineer. The Company will reimburse the County for the reasonable cost of a third-party engineer licensed in the State of Kansas with knowledge of the operation and decommissioning of wind farms that is acceptable to both the County and Company (the “Third-Party Engineer”), to assist the County with determining the amount of the Restoration Security (as defined below), evaluating and monitoring the decommissioning process, and certifying that the decommissioning process has been completed consistent with the terms of the Decommissioning Agreement.
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Third Party Engineer. Developer will reimburse the County for the reasonable cost of employing a third-party engineer licensed in the State of Kansas with knowledge of the operation and decommissioning of wind farms, including any knowledge required specific to Kansas projects, who is acceptable to the County (the “Third-Party Engineer”). The Third-Party Engineer will be responsible for assisting the County with determining the amount of the Restoration Security, evaluating and monitoring the decommissioning process, and certifying that the decommissioning process has been completed consistent with the terms of the Agreement. The initial list of firm candidates for the Third-Party Engineer that the County shall choose from is attached hereto as Exhibit A, but, (A) after calculation of the initial Cost Estimate and Net Removal Cost, County may change the Third-Party Engineer once or more; and (B) the Third-Party Engineer for monitoring and certifying the decommissioning process may be an engineer or other professional permitted to assist with road use matters pursuant to the Road Use Agreement.
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Related to Third Party Engineer

  • Third Party Contractors Tenant shall obtain and deliver to Landlord, Third Party Contractor’s certificates of insurance and applicable endorsements at least seven (7) business days prior to the commencement of work in or about the Premises by any vendor or any other third-party contractor (collectively, a “Third Party Contractor”). All such insurance shall (a) name Landlord as an additional insured under such party’s liability policies as required by Section 10.3.1 above and this Section 10.6, (b) provide a waiver of subrogation in favor of Landlord under such Third Party Contractor’s commercial general liability insurance, (c) be primary and any insurance carried by Landlord shall be excess and non-contributing, and (d) comply with Landlord’s minimum insurance requirements.

  • Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code ▇▇▇., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code ▇▇▇., Chapter 1052, a person licensed as a professional engineer pursuant to Tex. Occ. Code ▇▇▇., Chapter 1001 and/or a firm employed by Owner or a design-build contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

  • Independent Engineer Contractor shall cooperate with Independent Engineer in the conduct of his or her duties in relation to the Project and the Work, including the duties listed in Attachment CC. No review, approval or disapproval by Independent Engineer shall serve to reduce or limit the liability of Contractor to Owner under this Agreement.

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Third Party Contracts From the Effective Date through and including the Closing Date, Seller agrees to enter into only those third-party contracts which are necessary to carry out its obligations under Section 5.2, which shall be on market terms and cancellable on thirty (30) days written notice or less, without payment of any fee or penalty. Copies of all such contracts so entered into by Seller shall be promptly provided by Seller to Purchaser.