Acceptance by Developer. Developer accepts such appointment and agrees to perform such services on behalf and for the account of Owner as required by, and subject to, the terms and conditions of this Agreement. Developer agrees to diligently use commercially reasonable efforts in the performance of its duties hereunder, which performance in all respects and at all times shall be carried out to the same extent and with the same degree of care and quality as the Developer would exercise in the conduct of its own affairs if the Developer were the owner of the Project. Developer agrees to apply prudent and reasonable business practices in the performance of its duties hereunder and shall exercise that degree of skill, competence, quality and professional care rendered by companies performing the same or similar type services for comparable mixed-use projects in the St. Louis, Missouri area. Developer will not subcontract any of its services to any other entity or person without first obtaining Owner’s prior written consent; provided, however, that Developer may retain such Consultants (as hereinafter defined) as are contemplated in this Agreement without Owner’s consent so long as the fees or other charges of such Consultants are set forth in the Final Development Budget.
Acceptance by Developer. Developer accepts such appointment and agrees to perform such services on behalf of and for the account of Owner as required by, and subject to, the terms and conditions of this Agreement, and agrees to perform such additional duties and responsibilities as are customarily and reasonably within the scope of such services and are reasonably designated from time to time by Owner. Developer agrees to use commercially reasonable efforts in the performance of its duties hereunder, which performance in all respects and at all times shall be carried out to the same extent and with the same degree of care and quality as the Developer would exercise in the conduct of its own affairs if the Developer were the owner of the Project. Developer agrees to apply prudent and reasonable business practices in the performance of its duties hereunder and shall exercise that degree of skill, competence, quality and professional care rendered by the leading and most reputable companies performing the same or similar type services for first-class quality fractional unit projects in the Vail, Colorado area. Developer will not subcontract any of its services to any other entity or person without first obtaining Owner’s prior written consent. Subject to the other provisions of this Agreement, Developer, on behalf of Owner, shall manage and coordinate the development of the Project in accordance with the Final Development Plan, Final Development Budget and Final Project Schedule (as each such term is defined below) in a good and workmanlike manner and in accordance with the standards of professional care applicable to such services.
Acceptance by Developer. Developer accepts such appointment and agrees to perform such services on behalf of and for the account of Owner as required by, and subject to, the terms and conditions of this Agreement, and agrees to perform such additional duties and responsibilities as are customarily and reasonably within the scope of such services and are reasonably designated from time to time by Owner. Developer agrees to use its best efforts in the performance of its duties hereunder, which performance in all respects and at all times shall be carried out to the same extent and with the same degree of care and quality as the Developer would exercise in the conduct of its own affairs if the Developer were the owner of the Project. Developer agrees to apply prudent and reasonable business practices in the performance of its duties hereunder and shall exercise that degree of skill, competence, quality and professional care rendered by the leading and most reputable companies performing the same or similar type services for Class A office buildings in the Houston, Texas area. Developer may subcontract any of its services to any other entity or person with expertise in the areas so subcontracted. Subject to the other provisions of this Agreement, Developer, on behalf of Owner, shall manage and coordinate the development of the Project in accordance with the Final Development Plan, Final Development Budget and Final Project Schedule (as each such term is defined below) in a good and workmanlike manner and in accordance with the standards of professional care applicable to such services.
Acceptance by Developer. 4 Section 2.3 PRE-CONSTRUCTION DUTIES.................................4 Section 2.4
Acceptance by Developer. Developer accepts such engagement and agrees to perform such services on behalf of and for the account of Owner as required by, and subject to, the terms and conditions of this Agreement. Developer agrees to diligently use commercially reasonable efforts in the performance of its duties hereunder, which performance in all respects and at all times shall be carried out to the same extent and with the same degree of care and quality as the Developer would exercise in the conduct of its own affairs if the Developer were the owner of the Project. Developer agrees to apply prudent and reasonable business practices in the performance of its duties hereunder and shall exercise that degree of skill, competence, quality and professional care rendered by the leading and most reputable companies performing the same or similar type services for first-class quality residential subdivisions in the metropolitan Dallas, Texas, area. Developer will not subcontract any of its services to any other entity or person (other than the General Contractor) without first obtaining Owner's prior written consent. Subject to the other provisions of this Agreement, Developer, on behalf of Owner, shall manage and coordinate the development of the Project in accordance with the Plat and the Development Budget (as each such term is defined below) in a good and workmanlike manner and in accordance with the standards of professional care applicable to such services.
Acceptance by Developer. Developer accepts such appointment and agrees to perform such services on behalf of and for the account of Owner as required by, and subject to, the terms and conditions of the Master Development Agreement and this Agreement, and agrees to perform such additional duties and responsibilities as are customarily and reasonably within the scope of such services and are reasonably designated from time to time by Owner. Developer agrees to use commercially reasonable efforts in the performance of its duties hereunder, which performance in all respects and at all times shall be carried out to the same extent and with the same degree of care and quality as the Developer would exercise in the conduct of its own affairs if the Developer were the owner of the Subject Phase. Developer agrees to apply prudent and reasonable business practices in the performance of its duties hereunder and shall exercise that degree of skill, competence, quality and professional care rendered by the leading and most reputable companies performing the same or similar type services for similar projects in the Frisco, Texas area. Subject to the other provisions of this Agreement, Developer, on behalf of Owner, shall manage and coordinate the development of the Subject Phase in accordance with the Final Development Plan, Final Development Budget and Final Schedule (as each such term is defined below) in accordance with the standards of professional care applicable to such services.
