Assigned and Dedicated Personnel. The Architect has been selected based upon the firm’s qualifications for the Project, which qualifications relate specifically to the unique and special skills and professional design and engineering experience of the personnel of the Architect assigned and dedicated to the Project for its term. A material consideration in the selection of the Architect was the representation by the Architect to the Owner that the personnel identified during the selection process as assigned and dedicated to the Project will be available and assigned to the Project through the completion of all Architect services required under this Agreement. The removal, replacement, resignation, incapacity or death of assigned and dedicated personnel of the Architect may be deemed by the Owner to constitute a material breach of this Agreement. The Architect's personnel assigned and dedicated to the Project shall not be removed or replaced without the Owner's consent, which consent will not be unreasonably withheld. The failure of the Architect to obtain such consent of the Owner to remove or replace assigned and dedicated personnel or the resignation of key personnel of the Architect without the consent of the Owner may be deemed by the Owner to constitute a material breach of this Agreement. The Owner shall have the right to direct the Architect to remove or replace any personnel whose performance becomes unsatisfactory to the Owner.
Appears in 3 contracts
Samples: Design Services Agreement, Design Services Agreement, Design Services Agreement
Assigned and Dedicated Personnel. The Architect Engineer has been selected based upon the firm’s qualifications for the Project, which qualifications relate specifically to the unique and special skills and professional design and engineering experience of the personnel of the Architect Engineer assigned and dedicated to the Project for its term. A material consideration in the selection of the Architect Engineer was the representation by the Architect Engineer to the Owner that the personnel identified during the selection process as assigned and dedicated to the Project will be available and assigned to the Project through the completion of all Architect Engineering services required under this Agreement. The removal, replacement, resignation, incapacity or death of assigned and dedicated personnel of the Architect Engineer may be deemed by the Owner to constitute a material breach of this Agreement. The Architect's Engineers personnel assigned and dedicated to the Project shall not be removed or replaced without the Owner's consent, which consent will not be unreasonably withheld. The failure of the Architect Engineer to obtain such consent of the Owner to remove or replace assigned and dedicated personnel or the resignation of key personnel of the Architect Engineer without the consent of the Owner may be deemed by the Owner to constitute a material breach of this Agreement. The Owner shall have the right to direct the Architect Engineer to remove or replace any personnel whose performance becomes unsatisfactory to the Owner.
Appears in 2 contracts
Samples: Design Services Agreement, Design Services Agreement