Owner and Construction. Manager With over twenty years of experience in the industry, Xxxxx brings a wealth of energy management and renewable energy knowledge to the Axium team. Xxxxx is an owner and oficer of Axium Solar. He is responsible for scheduling, manpower forecasting, project development and construction management. Xxxxx has managed projects for many high−profile customers including American Airlines and DFW Airport. Xxxxx is best known for his ability to tackle the most demanding, time−critical installations and bring them in on−time and under−budget. XXXX XXXXXX
Owner and Construction. Manager acknowledge that any sums due and payable hereunder by the Construction Manager shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience, additional overhead and costs likely to be sustained by the Owner as estimated at the time of executing this Contract. If the Owner reasonably believes in its discretion that Substantial Completion will be delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Construction Manager an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when in the Owner’s discretion the Construction Manager overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Construction Manager those funds withheld, but no longer applicable, as liquidated damages.
Owner and Construction. Manager Xxxx is a master electrician, certified NABCEP PV installer, and is OSHA 30 certified. He brings 20+ years of strategic planning and construction management expertise to Axium Solar. Under his leadership, Axium Solar maintains the highest degree of safety standards and construction eficiency. Xxxx serves as Axium Solar’s project manager and runs co−owned Axium Electric which specializes in the installation of building management systems. In his spare time, Xxxx and his wife of 16 years, enjoy many activities with their sons including baseball, hunting and working on cars. XXXXX XXXXXXXX
Owner and Construction. Manager acknowledge and agree that:
Owner and Construction. Manager acknowledge and confirm that as of the date hereof, certain of such estimates are "allowances" only. An "allowance" is an estimate that is included in the preliminary Guaranteed Maximum Price described in the first sentence of Section 6.4, but that covers a portion of the Work with respect to which the design documents, as of the date hereof, do not show the material components in enough detail for such estimate to be a binding component of the Guaranteed Maximum Price. Pursuant to Section 6.4 and subsection 6.7.5, allowances shall, over time, be replaced with estimates or prices that are binding components of the Guaranteed Maximum Price, subject to adjustment only in accordance with the further provisions of this Article 6.
Owner and Construction. Manager acknowledge and confirm that as of the date hereof, the Guaranteed Maximum Price is $547,431,225, but that such preliminary Guaranteed Maximum Price includes a contingency sum equal to five percent (5%), not three percent (3%), of the amounts set forth in paragraphs (A) and (B) of Section 6.3. All of the amounts that comprise the Guaranteed Maximum Price, and all of the applicable qualifications, assumptions, exclusions and allowances (as defined in paragraph (A) of Section 6.3) used or made by the parties with respect to the Guaranteed Maximum Price and the calculation thereof (collectively, the "Assumptions"), are set forth in Exhibit B. Owner may, at its option no later than five (5) business days prior to the Initial GMP Date (as defined below), provide Construction Manager with written direction (the "Allocation Direction") as to how the amounts that comprise the Guaranteed Maximum Price are to be allocated among the (a) "hotel/mall/casino" and (b) "power plant" components of the Project (such components, the "Project Components"), in which event Owner and Construction Manager shall, no later than the Initial GMP Date, prepare a cost allocation schedule, covering all amounts that comprise the Guaranteed Maximum Price (the "Allocation Schedule"), pursuant to such direction. Subject to Section 6.6, if the final Construction Documents and/or any other relevant facts turn out to be inconsistent with any of the Assumptions, such inconsistency shall be deemed to be a Scope Change and the provisions of Section 10.7, beginning with the fourth sentence thereof, shall apply with respect thereto. Owner and Construction Manager agree that from the date hereof until the Initial GMP Date, (i) they shall use good faith efforts, as the design documents are revised and clarified, to agree, for those portions of the Work covered as of the date hereof by allowances, on estimates of trade contracts and purchase orders that will be binding components of the Guaranteed Maximum Price (subject to adjustment only in accordance with the further provisions of this Article 6) and (ii) if a trade contract or purchase order is entered into for any portion of the Work covered as of the date hereof by an allowance, the price of such trade contract or purchase order shall become a binding component of the Guaranteed Maximum Price (subject to adjustment only in accordance with the further provisions of this Article 6) with respect to such portion. Owner and Construction Manage...
