Basically, 1 party expands an offer, along with the other person accepts the offer and its terms by signing the contract. With an acceptance, the next person must completely agree on the terms of the agreement. When there is a kind of a counter-offer, even though it still involves the very same components, this generally counts as a rejection of a contract.
Together with the house scenario, the purchaser would not be willing to give their money because they would not know whether the operator would give up the title. There are business contracts which heavily favor one party on the other. At a company, keeping valid contracts is particularly significant. This is because corporations are basically build on trading their goods or services for money from clients. In the interior of a company, companies create contracts with their employees, which can bind them into doing at the degree of anticipation.
Timber Contract Template. Music Distribution Contract Template. C 3. By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; By unit prices specified in the Contract or subsequently agreed upon; By the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as specified in the Contract or subsequently agreed upon; In such other manner as the parties may mutually agree; or In the absence of agreement between the parties, by a unilateral determination by the Director of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as computed by the Director in accordance with generally accepted accounting principles and applicable sections of Chapters and , Hawaii Administrative Rules HAR.
Submission of cost or pricing data. The Contractor shall provide cost or pricing data for any price adjustments subject to the provisions of Chapter , Subchapter 15, HAR. As provided for on Page No. C 4. Department of Labor, Bureau of Labor Statistics. C 5. Payments to the Contractor for this price adjustment shall be made per a payment schedule mutually decided upon by the Contractor and the City.
C 6. Amend Paragraph E as amended by Amendment No. C 7. Department of Labor, Bureau of Labor Stafistics.
All other terms and conditions of Contract No. C, as previously amended, shall remain in full force and effect. C 8. By: Qi R. Federal ID No. C 9. That the base tonnage for solid waste and ash and residue beginning the calendar year will be , tons, the sum of , tons of solid waste and , tons of ash and residue. Insert the following new paragraph after Paragraph 2. Provided further that if the City elects to terminate this contract at any time before the landfill is completely filled, the Contractor shall remain liable for all work performed under its operation of the landfill, and shall have no responsibility or liability for any claims arising solely out of the subsequent operation of the landfill by the City or any operator other than Waste Management of Hawaii, Inc.
Insert the following new paragraph after 3. The Contractor will design, construct, and finance the expansion and obtain all permits required for its construction and operation. The Contractor will provide all preliminary and final engineering planning and prepare all environmental documents. The expansion will include drainage improvements, leachate collection system, gas collection and recovery system, gas monitoring system, excavation, access roads, visual barrier s, landscaping and any other improvements.
The City shall support and cooperate with the Contractor in obtaining any necessary permits. In the event that the Contractor, after using its best efforts and through no fault of its own, is unable to obtain all the necessary permits for the expansion, the Contractor may file a claim with the City pursuant to Paragraph Delete Paragraph 4.
Contractor shall also provide post-closure maintenance of the landfill site, including, but not limited to, maintenance and monitoring of wells in accordance with the requirements of the Hawaii Department of Health as may be in effect from time to time, continued collection and treatment of leachate, recompacting and re-covering of any waste exposed due to fractions or fissures at the landfill site and continued revegetation of the landfill for a period of thirty 30 years AMENDMENT NO.
However, Contractor shall not be responsible for pos t-closure maintenance if City, during the aforesaid thirty 30 year period, elects to construct any residential, commercial, industrial, or any other development on any portion of the landfill site or pursua nt to Section 10 of the Contract.
Delete Paragraph Asbestos, large animals over 70 lbs. For calculations beginning the calendar year of this amendment through the completion of the contract the bas e tonnage will be , tons.
The first adjustment, if any, shall be for the first year of operation following the effective date of this amendment. Should a payment be owed to the Contractor, the Contractor shall submit an invoice for the amount owed. Should a payment be owed to the City, the City shall invoice the Contractor for the amount owed or, if the City elects, the City may credit the amount against future billings by the Contractor.
The number of cubic yards excavated can be estimated, provided that the Contractor provide annually each January a topographic map bearing a stamp of a registered professional surveyor or engineer with appropriate cross sections to show the total number of cubic yards excavated during the previous calendar year. The Contractor may submit such a topographic map more frequently.
The Contractor will include as part of the invoice, any income payments received for sale of any excavated material. Consumers All Items for Honolulu for the immediately preceding calendar year will be used. In such event, the City shall be liable only for paym ent for work or services performed prior to the effective date of termination and for payments provided for in Section 34, Termination for Convenience. The termination of work or services shall be effective upon thirty 30 calendar days prior written notice to the Contractor.
Delete Paragraph 34, as amended by Addendum No. Termination for convenience. The City shall give written notice of the termination to the Contractor, specifying the part of the contract terminated and when termination becomes effective. In the event that the City elects to terminate the Contractor in part for the convenience of the City and such partial termination has a material adverse impact on the Contractor, the Contractor shall have the right to require the City to terminate the entire contract for convenience.
The Contractor shall incur no further obligations in connection with the terminated work, and on the dates set in the notice of termination the Contractor wiLl stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work.
The Contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so. The Contractor shall, upon direction of the City, protect and preserve property in the possession of the Contractor in which the City has an interest. Use of this section in no way implies that the City has breached the contract by exercise of the termination for convenience clause.
If the Contractor fails to file a termination claim within one year from the effective date of termination, the City may pay the Contractor, if at all, an amount set in accordance with subparagraph C. B The City and the Contractor may agree to settlement provided the Contractor has filed a termination claim supported by an accounting of all such cost to the level of detail acceptable to the City , including, but not limited to, a breakdown by craft or positions of all direct and indirect labor costs, all fringes, all material and equipment costs, substantiated by low price bid or competitive negotiations and unit price cost as applicable, as well as cost or pricing data to the extent required by subchapter 15, chapter , bearing on the claim, and that the settlement does not exceed the total contract price plus settlement costs reduced by payments previously made by the City, the proceeds of any sales of goods and manufacturing materials under subparagraph 3 of this clause, and the contract price of the work not terminated.
C Absent complete agreement under subparagraph B , the City shall pay the Contractor the following amounts, provided payments agreed to under subparagraph B shall not duplicate payments under this subparagraph for the following: i Contract prices for goods or services accepted under the contract; ii Costs incurred in preparing to perform and performing the terminated portion of the work plus a five per cent markup on actual direct costs on the portion of the work, the markup shall not include anticipatory profit or consequential damages, less amounts paid or to be paid for accepted goods or services; provided that if it appears that the Contractor would have sustained a loss if the entire contract would have been completed, no markup shall be allowed or included and the amount of AMENDMENT NO.
Subcontractors shall be entitled to a markup of no more than ten per cent on direct costs incurred to the date of termination. These costs must not include costs paid in accordance with clause ii of subparagraph C. D Cost claimed, agreed to, or established under subparagraphs B and C shall be in accordance with chapter C, as amended, shall remain in full force and effect. Angin bc, arid hereby i, authorized to negotiate arid execute by and on behalf of the Corporation any and all a-ccments, instrunents, documents or papers, as he may deem ppxopriate or neceBsary, pertaining to or relating to Amendment No.
C between the Corporation and the City arid County of Honolulu, and that any such action taken to date is hercby ratified and approved. P11 i? Woods, Assist. Dated: ApriIj. That study ion of the additional 6,, cubic indicated that the site could yards of airspace by excava yield an material outside the curren ting 3,, cubic ya t permitted design excavatio rds of native n limits.
According ately 15,, cubic ya to this study, permitted site capacity.
0コメント