Common use of CLAIMS AGAINST CONSTRUCTION MANAGER Clause in Contracts

CLAIMS AGAINST CONSTRUCTION MANAGER. The Construction Manager shall promptly notify the Owner of any claims threatened or asserted against the Construction Manager or any member of the Construction Team arising out of or in connection with the Project, the Work or the Contract Documents except those, if any, asserted by the Owner. The notification shall include as much specific information as is available about the claim, including without limitation, whether the claim involves, or may involve, the Owner. It shall keep the Owner fully apprised of the status of any such claims. To the extent such claims are its responsibility under the Contract Documents, the Construction Manager shall without undue delay resolve all such claims in good faith at its sole expense and without additional recovery from the Owner by increase in the Guaranteed Maximum Price or otherwise, provided however, that any claims that are not the result of the acts or omissions of the Construction Manager shall be eligible for reimbursement out of the Construction Manager’s contingency, if available, and in accordance with the provisions of Section 7.1.3.1.

CLAIMS AGAINST CONSTRUCTION MANAGER. The Construction Manager shall shallwill promptly notify the Owner of any claims threatened or asserted against the Construction Manager or any member of the Construction Team arising out of or in connection with the Project, the Work or the Contract Documents except those, if any, asserted by the Owner. The notification shall shallwill include as much specific information as is available about the claim, including without limitation, whether the claim involves, or may involve, the Owner. It shall shallwill keep the Owner fully apprised of the status of any such claims. To the extent such claims are its responsibility under the Contract Documents, the Construction Manager shall shallwill without undue delay resolve all such claims in good faith at its sole expense and without additional recovery from the Owner by increase in the Guaranteed Maximum Price or otherwise, provided however, that any claims that are not the result of the acts or omissions of the Construction Manager shall shallwill be eligible for reimbursement out of the Construction Manager’s ’ s contingency, if available, and in accordance with the provisions of Section 7.1.3.1.