SBH Responsible Clause Samples

SBH Responsible. After the Parties agree upon a Contractor, SBH shall be responsible for contracting with the Contractor and SBH shall be responsible for all costs and expenses payable to the Contractor in connection with the ESC Project. Depending on the construction method selected, the Contractor may be selected before or after the approval of Approved Plans and Specifications (e.g., before the approval of the Approved Plans and Specifications if the Parties agree to utilize a design-build or similar construction method and after the approval if the Parties agree to a design-bid-build or similar construction method). Without limiting SBH’s responsibilities described in this Section, pursuant to the Term Sheet the City proposes a contribution of $258 million to the ESC Project to fund ESC Project expenses, which contribution is subject to City’s sole and absolute discretion to approve the ESC Project and entering into the Comprehensive Agreement and other agreements related thereto. Such contribution, if any, shall be applied to ESC Project expenses, including the Contractor costs described herein, as may be agreed by the Parties.