Work and Materials Clause Samples
Work and Materials. Landlord and Tenant will mutually and reasonably agree upon General Contractor chosen to construct and install the Tenant Improvements in accordance with the Plans (the “Work”) which expense shall be deducted from the Tenant Improvement Allowance. Landlord shall ensure that the General Contractor completes the Tenant Improvements by the Commencement Date and shall manage the construction of the Tenant Improvements. All vendors and subcontractors for the upfit will be negotiated or bid by the General Contractor.
a. Upon the execution of this lease, Landlord shall be fully authorized to have the General Contractor proceed with the Work so that the General Contractor can substantially complete the Tenant Improvements by the Commencement Date.
b. Any changes in the approved cost of the Work shall be by in writing and signed by the Landlord with written approval by Tenant (each a "Change Order"). Tenant shall have five (5) Business Days after receiving the proposed Change Order to review and approve a Change Order or provide objections to same. If after five (5) Business Days Landlord has not received Tenant's approval of the Change Order and its cost, or any such objections, Tenant shall be deemed to approve the Change Order and its cost and Landlord shall be fully authorized to have the General Contactor proceed with the Work so that the General Contractor can substantially complete the Tenant Improvements by the Commencement Date. Tenant acknowledges that the following items may result in change orders:
i. Municipal or other governmental inspectors require changes to the Premises such as code compliant changes. In such event, Landlord will notify the Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of the Tenant unless due to Landlord or Designer error and may be charged against any unused Tenant Improvement allowance.
ii. Tenant makes changes to the Plans or requests additional work. Tenant will be notified of the cost and any delays and increased costs that would result from the Change Order before the changes are implemented. Any increased costs and delays due to such Tenant charges shall be the responsibility of Tenant and may be charged against any unused Tenant Improvement allowance. Any delays caused by such changes shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Ord...
Work and Materials. The amount of compensation to be received by Waypoint shall be based on a time and materials basis as set forth in each Statement of Work that includes a Schedule of Fees attached hereto as Exhibit “A”. The total compensation payable to Waypoint in relation to any Statement of Work shall not exceed the amount in the applicable Statement of Work, subject to additions and deduction as agreed in writing by the parties.
Work and Materials. Landlord, at Landlord’s expense, will provide the improvements (collectively, the “Tenant Work”) specified on the space plan, drawing and related notes attached hereto as Exhibit B, Schedule 1, which Exhibit B, Schedule 1 is hereby approved by Tenant. Except as otherwise specified on such Schedule, all improvements shall be Building standard improvements. Within five(5) business days after Landlord’s request from time to time, Tenant shall provide any information (e.g., carpet, paint, laminate, countertop selections) requested by Landlord.
Work and Materials. Excepting such exclusions from Contractor’s scope as are expressly stated in Exhibit A, Exhibit M or Exhibit N, Owner hereby retains Contractor to do the following:
2.1.1 Contractor shall perform, furnish, undertake, procure and provide or cause to be performed, furnished, undertaken, procured and provided, all work for the procurement (including the importation, transportation to the Site and unloading), construction, installation, interconnection, testing, start-up and commissioning of the Battery and the Substation at the Site, diligently and in a good and workmanlike manner and in accordance with the drawings, plans and specifications, and the provisioning of the Materials and required tools, transportation, administration, providing personnel, labor and other services, and other items required to complete and deliver to Owner the fully integrated, interconnected, installed, tested, and operational ▇▇▇▇. All the previous shall be provided on turnkey basis, and otherwise in accordance with the terms and conditions of this Agreement, the requirements of the manufacturers of all Materials, Laws and applicable standards. The Work shall be performed as to ensure that no exclusions or limitations to any manufacturer’s warranty shall apply.
2.1.2 Contractor shall provide, at Contractor’s cost, all of the utilities, including but not limited to temporary power required at the Site to perform the Work until the achievement of Final Completion. Following Final Completion, all electric power shall be provided by Owner at Owner’s cost.
2.1.3 Contractor shall provide such reasonable cooperation, including but not limited to engineering support, attendance at meetings, and coordination of ▇▇▇▇ design, as may be reasonably required by Owner, to (i) complete the installation of the interconnection facilities and related metering equipment required by Owner, the Interconnection Agreement and the Utility (as applicable) on or around the Site prior to the Substantial Completion Date, and (ii) interconnect the Battery to the Transmission System. Contractor shall not interconnect the Battery to the Transmission System or otherwise energize the Battery or the Substation without Owner’s prior written approval. Contractor shall coordinate, procure and perform the Work associated with and required for the interconnection of the ▇▇▇▇, including approval from the Utility and any related costs and expenses if applicable to the scope of Work. For avoidance of doubt, Contractor bea...
Work and Materials. 7.1.1 Contractor expressly warrants as indicated following from the date of completion that all labor provided, work done and materials used will be of first line quality, will be in accordance with legal and contract requirements, and will be free from fault or defect, construction or otherwise. Upon Owner’s written demand, Contractor will immediately remedy any defects which shall appear within the Warranty Period. All manufacturers’ warranties on any goods or materials provided in by Contractor in connection with the work shall be assigned to Owner. Materials 1 Year Labor & Workmanship 1 Year
Work and Materials. 2.1 The Supplier has agreed to provide:
2.1.1 the Services; and
2.1.2 the Goods, to the Client subject to the provisions of this Agreement.
2.2 At the Commencement of the Work, the Supplier shall submit to the Client a specification for the Goods and Services to be provided. The specification shall include:
2.2.1 the Services to be undertaken;
2.2.2 the time estimates for the provision of the Services;
2.2.3 the Goods to be provided;
2.2.4 the Survey as detailed in clause 2.4 below
2.2.5 the agreed Site Acceptance Test criteria
2.2.6 the site layout drawing; and
2.2.7 the sums payable for the Services and for the Goods, (the Specification Document).
2.3 On receipt of the Specification Document the Client will sign a copy and return that copy to the Supplier to signify the Client’s agreement as to the Work and the sums payable to the Supplier for the Services and the Goods. The Client acknowledges and agrees that no Services will be provided and no Goods ordered until the Supplier has received a signed copy of the Specification Document and payment of the amount due under clause 4.1 below. The Client shall sign and return a copy of the Specification Document within 30 days of the Supplier providing a copy to the Client.
2.4 The Supplier will carry out a survey and inspection of the proposed location of the Goods, the current location of any existing packaging systems and conveyors, electrical supply, compressed air supply, all product packs and containers that are to be used on the system , and any other relevant facilities of the Client (the Survey). The findings of the Survey will be incorporated into the Specification Document. The Client acknowledges and agrees that the matters detailed in the Specification Document (Client Action) which require action on the part of the Client shall be carried out by the time detailed in the Specification Document, but in any event before the delivery of the goods.
2.5 The Specification Document may be varied, or added to, from time to time, in writing and signed by both Parties. The changes shall be clearly identified, together with the additional or different sums to be paid by the Client.
Work and Materials. All of the Work and materials furnished on the Project will be as represented, will conform to the specifications, plans and samples, will be free from both latent and patent defects and will be fit for the purpose intended. The foregoing express warranties shall be in addition to and shall not constitute a waiver of any other warranties which may be implied by any law or regulation. In the event any defect occurs in the Work during a period of 1 year from the date of acceptance of the Work by the Owner, or such longer periods as may be specified for this Work under the terms of the General Contract, Subcontractor shall, at the request of the Contractor, promptly remedy such defect at Subcontractor’s sole cost and expense. Such remedial work shall be warranted for a period of one year from the date of acceptance by Contractor and Owner, unless a longer period is specified in the General Contract. Such election by Contractor to have the defect repaired shall not be deemed a waiver of any other rights or remedies which it may have. Acceptance of or payment for the Work by Contractor and/or Owner shall not be deemed to limit any of Contractor’s rights under this Section or to claim subsequently that Subcontractor has breached its warranties under this Section.
Work and Materials. Contractor will provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, water, light, power, fuel, transportation, and facilities specified or necessary for the execution and completion of the Work under each Task Order. Unless otherwise specified, all materials must be new; and both workmanship and materials must be of good quality. Contractor will, if required, furnish satisfactory evidence as to the kind and quality of materials. Unless otherwise stated in the Contract Documents, words or phrases that have a well- known technical or construction industry trade meaning are used in the Contract Documents in accordance with such recognized meaning. Materials or Work described in words that have a well-known technical or trade meaning will be equal to the standards established by such description.
Work and Materials. Owner hereby retains Contractor to perform all work for the design, engineering, procurement, construction, installation, interconnection, testing, start-up and commissioning of the Project at the Site, diligently and in a good and workmanlike manner and in accordance with the Scope of Work, and to provide all Materials, machinery, tools, transportation, administration, personnel, labor and other services, and other items required to complete and deliver to Owner the fully integrated, interconnected, installed, tested, and operational Project, all on a fixed-price, turnkey basis, and otherwise in accordance with this Agreement, the requirements of the manufacturers of all Materials, Laws and applicable standards [including but not limited to those set forth in Section 2.2.5[ [collectively, including the provision of the Materials, the “Work”].
2.1.1 Contractor has conducted a diligence review of the Site for any and all above surface and subsurface conditions at the site and has used reasonable commercial efforts to familiarize itself with the site, including all improvements thereon, the general and local labor conditions, and all other matters that might reasonably be expected to affect the execution of the Work in connection with the Project. Contractor shall not be entitled to additional time or compensation based on Site conditions of which Contractor was aware or should reasonably have been aware pursuant to the diligence review described in this Section 2.1.1.
Work and Materials. The Work in progress and all of the Owner-furnished items and all of Developers-furnished design documents, material, equipment, plant facilities, fabricated items, supplies, drawings, data, and contract rights intended for the Work shall be the property of the Owner. Notwithstanding Owner's title thereto, Developers shall at the same time be responsible for the care, custody, control and safekeeping and preservation of all Owner-furnished or Developers-furnished documents, labor, materials, equipment, supplies and other things. In addition, Developers shall promptly repair or replace any such items which are damaged or lost, and shall complete the Work and deliver the Work in accordance with all provisions and requirements hereof at the time specified. Except as otherwise provided, Developers shall bear, without right of reimbursement, except proceeds from a Builders Risk Insurance Policy, the full risk of loss or damage to the Work and materials, equipment, supplies and other things.