GMP Certification. The [GMP Certification] is attached to the Personal Property, and shall be conveyed and/or transferred by Seller to Buyer at the Closing in connection with this Agreement. Seller affirms that the foregoing representations and warranties are each true and correct as of the Effective Date and shall be true and correct (and shall be deemed restated by Seller) as of Closing, subject to the limitations on survival in Section 20 below.
GMP Certification. Unless otherwise agreed upon by the Parties, the Project will be constructed on the basis of a construction manager at-risk GMP contract as provided in the Construction Services Agreement, in which the Construction Manager shall assume responsibility to construct the Project for a GMP that includes all the required construction costs. As agreed upon by the Parties and provided in the Construction Services Agreement, the Construction Manager shall prepare and provide a detailed GMP proposal for the Project based upon the Design Documents. The Architect and Construction Manager shall meet with the Representatives as reasonably requested to provide information regarding the GMP proposal and any value engineering proposals. If the Construction Manager’s GMP proposal is acceptable to both Parties, the Parties and the Construction Manager shall execute a GMP Certification. The Parties will not approve and execute a GMP Certification unless the final Minimum Design Standards, the Project Program, the Project Budget and the Project Schedule have been developed, finalized and approved by the Parties and the GMP is consistent with the foregoing. As a condition of GMP Certification, the Parties will agree at the time of GMP Certification that the Design Documents then existing meet and satisfy the final Minimum Design Standards. If both Parties are unable to accept the Construction Manager’s GMP proposal and any revisions thereto, the Parties shall terminate the Construction Services Agreement and solicit proposals to complete the Project from other qualified contractors or construction managers.
GMP Certification. As part of the GMP Amendment, the Private Entity shall certify that the GMP established thereby (i) contains sufficient amounts to perform all Work necessary for the Final Completion of the Project; and (ii) contains sufficient amounts to provide and construct any items or facilities that are not contained in the GMP Documents, but which are necessary for a fully functioning facility that meets the programmatic requirements established for the Project. The Private Entity will further covenant and agree in the GMP Amendment that it will perform all of the construction work necessary for the Final Completion of the Project, including, without limitation, aspects of the Work that are not shown on the GMP Documents, but which are a logical development of the design intent reflected in the GMP Documents, for an amount not to exceed the Guaranteed Maximum Price.
