Common use of Construction Management Agreement Clause in Contracts

Construction Management Agreement. The construction of the Project shall be managed by the Construction Manager pursuant to the Construction Management Agreement. The Construction Manager and the Construction Management Agreement shall be subject to approval by Lender in its reasonable discretion. Borrowers shall (i) enforce the Construction Management Agreement, (ii) waive none of the material obligations of any of the parties thereunder, (iii) do no act which would relieve the Construction Manager from its material obligations thereunder to construct the Project according to the Plans and Specifications, and (iv) make no material amendment to or Change Order under the Construction Management Agreement, except as permitted under Section 3.15 hereof, without the prior approval of Lender in its reasonable discretion.

Appears in 2 contracts

Sources: Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Hard Rock Hotel Holdings, LLC)