Common use of Construction Manager Performance Clause in Contracts

Construction Manager Performance. The Construction Manager understands and agrees that the Authority retains, at its choice, any and all rights under law and under this Construction Services Agreement, including injunctive relief, specific performance, and the right to recover damages against the Construction Manager caused directly or indirectly by the Construction Manager’s breach of the Construction Services Agreement; provided, however, that the Authority’s rights to recover the Liquidated Damages as provided in Paragraph 4.2 herein shall limit the Authority’s and Team’s rights to recover from the Construction Manager due to its unexcused failure to achieve the Date of Substantial Completion in the Construction Schedule, and provided further that the provisions of Subparagraph 6.2.10 of Exhibit 6 hereto shall determine the parties’ rights to recover consequential damages.