DPC Activities definition
Examples of DPC Activities in a sentence
To the extent Construction Manager or its Designee is performing Manager DPC Activities under a Project Contract, the terms of such Project Contract (rather than this Agreement) will govern Owner’s rights and obligations with respect to Construction Manager or its Designee with regard to such Manager DPC Activities.
This Section 4.1 shall not limit the obligations, representations, warranties or guarantees, express or implied, of Construction Manager or its Designee as “Service Providers” under any Project Contract with respect to Manager DPC Activities.
Once the successful Bids have been selected, the Bidding Process shall culminate with Construction Manager or its Designee and the successful bidders executing contracts for the provision of the DPC Activities and procurement of appropriate materials for the Initial Sunrise Facilities and any Additional Facilities (the “Construction Contracts”).
Except as may be provided in any Project Contract entered into for the performance of Manager DPC Activities, Construction Manager’s only obligation arising out of or in connection with any such warranty or breach thereof, until all rights and claims thereunder have been assigned and transferred to Owner, shall be to use commercially reasonable efforts to enforce such warranty.
Except as may be provided in any Project Contract entered into for the performance of Manager DPC Activities, neither Construction Manager nor its Designee make any representations, warranties or guarantees, express or implied, regarding the Initial Sunrise Facilities, any Additional Facilities, or the Project Services, including any express or implied warranty of merchantability, suitability, or fitness for a particular purpose, all of which are specifically disclaimed.
Construction Manager or its Designee shall, with input from Owner, seek bids from the acceptable bidders for the DPC Activities and procurement of appropriate materials, prepare open bid documents, conduct Bid Meetings and select the successful Bids for the Project (collectively, the “Bidding Process”).