No Direct Performance Sample Clauses
The "No Direct Performance" clause prohibits one party from directly fulfilling the obligations of the other party under the contract. In practice, this means that if one party fails to perform its duties, the other party cannot step in and complete those duties themselves; instead, they must seek remedies such as damages or specific performance through legal channels. This clause is designed to maintain clear boundaries of responsibility and prevent interference, ensuring that each party remains accountable for its own contractual obligations.
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No Direct Performance. The Design-Builder shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by Owner to Design-Builder for self-provided Work or materials except by lump sum as provided in paragraph 3.2.3.2.
No Direct Performance. The CM/GC shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by Owner to CM/GC for self-provided Work or materials except by lump sum as provided in paragraph 3.
No Direct Performance. The CMR shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by the Board to the CMR for self-provided Work or materials except by lump sum as provided in Section 3.2.3.2.
No Direct Performance. The Construction Manager shall not directly perform any Work or provide any materials, equipment or supplies but shall, pursuant to Section 3, Part 7 hereof, contract for performance of Work or procurement of materials, equipment or supplies through Trade Contracts, except as otherwise permitted (i) under Article 3.7.19.1; and (iii) under the proposed budget for and plan for acquisition of on-site offices and for other temporary structures and equipment which have been approved by the Owner under Section 3, Part 2 Section 3, Part 7, to the extent such approvals permit the Construction Manager to supply such items from Construction Manager's inventory. No fee shall be payable by Owner to Construction Manager for self-provided items in excess of any fee included in the sales price or rental rate approved by Owner for such items.
No Direct Performance. The CMGC shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work and procurement of materials, equipment, or supplies through Trade Contracts and other Subcontracts, with Subcontractors other than CMGC or its affiliates, except as otherwise permitted by Section 8 of this Agreement. No fee shall be payable by Owner to CMGC for self-provided Work or materials except by the procedures outlined in Section 8 of this Agreement.