Common use of Additional Obligations and Responsibilities Clause in Contracts

Additional Obligations and Responsibilities. 3.1 In performing its services hereunder, the Manager shall place emphasis on considerations that will aid in completing the construction of the Project(s) consistent with the construction standards and procedures of the Fund, including the Fund’s requirement for scheduling, coordination, and completion. The Manager acknowledges that time will be of the essence for the Project(s) and it agrees to use reasonable care and diligence and to exercise its best efforts to administer, coordinate, monitor and inspect the work of the Contractors so as to assist the Fund in having the Project(s) completed on or before its contract completion date; provided, however, that the Manager, shall not be liable for any failure or inability of any of the Contractors to complete the Project(s) or any portion thereof within the time or times provided in their respective construction contracts. The parties recognize that the Manager cannot and will not be in control of the Project Consultants’ or Contractors’ activities in connection with the Project, and therefore, the Manager cannot warrant or represent that the actual duration of each phase of construction will be consistent with the overall Project construction schedule. In addition, the parties recognize that the Manager is not a guarantor of the Contractors’ work, and the Manager shall not be responsible for defective or non-conforming work performed by Contractors or for the means, coordination and methods of construction employed by the individual Contractors or for the safety precautions and programs in connection with the Project, since these are solely the Contractor’s responsibility. The Manager shall use its best efforts to obtain satisfactory performance from each of the Contractors. The Manager shall recommend courses of action to the Fund when requirements of a Contract are not being fulfilled. The Manager shall advise the Fund regarding the performance by each of the Contractors. Disputes with a Contractor relating to the execution or progress of the Work or the interpretation of the requirements of the Contract Documents (except interpretations of the drawings and specifications which shall be referred to the Consultant) shall be referred to the Manager who may make such recommendations to the Fund as Manager may deem necessary for the proper execution and timely progress of the Project. The Fund, at its discretion, shall take whatever action it deems necessary. The services of the Manager are intended to compliment and supplement but not replace or duplicate those of the Consultants, Contractors or Testing and Inspection agencies engaged by or through the Fund.

Additional Obligations and Responsibilities. 3.1 In performing its services hereunder, the Manager shall place emphasis on considerations that will aid in completing the construction of the Project(s) consistent with the construction standards and procedures of the FundUniversity, including the FundUniversity’s requirement for scheduling, coordination, and completion. The Manager acknowledges that time will be of the essence for the Project(s) and it agrees to use reasonable care and diligence and to exercise its best efforts to administer, coordinate, monitor and inspect the work of the Contractors so as to assist the Fund University in having the Project(s) completed on or before its contract completion date; provided, however, that the Manager, shall not be liable for any failure or inability of any of the Contractors to complete the Project(s) or any portion thereof within the time or times provided in their respective construction contracts. The parties recognize that the Manager cannot and will not be in control of the Project Consultants’ or Contractors’ activities in connection with the Project, and therefore, the Manager cannot warrant or represent that the actual duration of each phase of construction will be consistent with the overall Project construction schedule. In addition, the parties recognize that the Manager is not a guarantor of the Contractors’ work, and the Manager shall not be responsible for defective or non-conforming work performed by Contractors or for the means, coordination and methods of construction employed by the individual Contractors Contractors, or for the safety precautions and programs in connection with the Project, since these are solely the Contractor’s responsibility. The Manager shall use its best efforts to obtain satisfactory performance from each of the Contractors. The Manager shall recommend courses of action to the Fund UNIVERSITY when requirements of a Contract are not being fulfilled. The Manager shall advise the Fund UNIVERSITY regarding the performance by each of the Contractors. Disputes with a Contractor relating to the execution or progress of the Work or the interpretation of the requirements of the Contract Documents (except interpretations of the drawings and specifications which shall be referred to the Consultant) shall be referred to the Manager who may make such recommendations to the Fund UNIVERSITY as Manager may deem necessary for the proper execution and timely progress of the Project. The FundUNIVERSITY, at its discretion, shall take whatever action it deems necessary. The services of the Manager are intended to compliment and supplement but not replace or duplicate those of the Consultants, Contractors or Testing and Inspection agencies engaged by or through the FundUNIVERSITY.