Execution of Appendix Sample Clauses
The 'Execution of Appendix' clause defines the process by which an appendix to the main agreement becomes legally binding. Typically, this clause specifies that the appendix must be signed or otherwise formally accepted by the parties, and may outline the effective date or conditions under which the appendix takes effect. Its core practical function is to ensure that any additional terms, schedules, or documents attached to the main contract are properly incorporated and enforceable, thereby preventing disputes over the validity or applicability of appended materials.
Execution of Appendix. “K”.
2.8.1 If the GMP proposal is not accepted by the County, the County shall promptly notify the Construction Manager in writing. Within fourteen (14) calendar days of such notification, the County, Professional and Construction Manager must meet to discuss and resolve any differences, inconsistencies, or misunderstandings and to negotiate recommended adjustments to the Work or to the GMP. If the parties are unable or unwilling to agree on a negotiated variant, the County shall hire an independent cost estimator to verify the GMP amount. If the independent estimate displays that the GMP should be within five percent (5%) of the project budget, the County may terminate this Contract at no cost; with the exception of paying the General Contractor the required Preconstruction Services Fee, to the County. If the independent estimate displays that the GMP appropriately exceeds the project budget by more than five percent (5%), then the Professional will revise the plans to allow the GMP to be within project budget.
2.8.2 The County may, at its sole discretion and based upon its sole judgment: (i) indicate its acceptance of a GMP proposal; (ii) reject a GMP proposal; (iii) terminate the Project; or
Execution of Appendix. “M”.
2.8.1 If the GMP proposal is not accepted by the Owner, the Owner shall promptly notify the Construction Manager in writing. Within fourteen (14) calendar days of such notification, the Owner, Professional(s) and Construction Manager shall meet to discuss and resolve any differences, inconsistencies, or misunderstandings and to negotiate recommended adjustments to the Work and/or to the GMP. If the parties are unable or unwilling to agree on a negotiated variant, the Owner shall hire an independent cost estimator to verify the GMP amount. If the independent estimate displays that the GMP should be within five percent (5%) of the project budget, the County may terminate this Contract at no cost; with the exception of paying the General Contractor the required Preconstruction Services Fee, to the County. If the independent estimate displays that the GMP appropriately exceeds the project budget by more than five percent (5%), then the Professional shall revise the plans to allow the GMP to be within project budget.
2.8.2 The Owner may, at its sole discretion and based upon its sole judgment: (i) indicate its acceptance of a GMP proposal; (ii) reject a GMP proposal; (iii) terminate the Project; or (iv) proceed to construct the Project using a party or parties other than the Construction Manager.
2.8.3 If the Owner rejects a GMP proposal within budget, neither party shall have any further obligation pursuant to this Contract for Construction Management, except the duty to pay for preconstruction services and Work done on other phases for which a GMP has been set.
2.8.4 If the Owner accepts the GMP the GMP provided by the Construction Manager pursuant to Paragraph 2.7.4 above shall be inserted into Appendix “M”. The deliverables described in this Article 2 shall be incorporated into Appendix “M” as follows.
(i) Exhibit “1” to Appendix “M” shall consist of the Drawings, Specifications and addenda provided by the Professional upon which the Construction Manager based the GMP.
(ii) Exhibit “2” to Appendix “M” shall consist of the Construction Schedule provided by the Construction Manager pursuant to Paragraph 2.6 above.
(iii) Exhibit “3” to Appendix “M” shall consist of the Construction Manager’s Construction Project Team provided by the Construction Manager pursuant to Paragraph 2.7.5.11 above.
(iv) Exhibit “4” to Appendix “M” shall consist of the Schedule of Values provided by the Construction Manager pursuant to Paragraph 2.7.5.5 above.
(v) Exhibit “5” to A...