Common use of Collaborative and Cooperative Process Clause in Contracts

Collaborative and Cooperative Process. The Parties intend that the design, development, construction and furnishing of the Venue Improvements shall be a cooperative process. All Parties shall endeavor to diligently fulfill all obligations and responsibilities under this Agreement. All approvals and responses required under this Agreement shall be undertaken in good faith and delivered as soon as commercially reasonable. The Parties agree that each Party’s Representative will have full access to any pertinent information available to City from the Contractor, the Project Architect and all other contractors, consultants and other Persons retained in connection with the design, development, construction and furnishing of the Venue Improvements. For purposes of participating in the process of managing construction costs and continuing to be involved and informed during the design and construction of the Venue Improvements, each Party’s Representative will be given a reasonable opportunity to be present at all material meetings and briefings with all Parties, contractors, consultants and other Persons engaged with regard to the design, development, construction and furnishing of the Venue Improvements; Until the Venue is complete, representatives of the City and Club shall meet, as necessary, in person or via teleconference, in general not less than once every two (2) weeks to discuss and coordinate their activities related to the Venue. BSD shall be invited to attend such meetings, but shall not be required to participate, provided, however, to the extent that the issues to be discussed and coordinated involve or materially impact the Air Rights Improvements or the larger Bull Street Development, representatives of BSD shall participate as well. Subject to applicable state and local procurement laws the City will consult with Club and BSD on all material matters relating to the design and construction of the Venue, including but not limited to: • Retention of appropriate professionals to design and engineer the Venue and to provide construction oversight; • Completion of architectural drawings, preparation of bid documents, supervision of scheduling and construction, handling of change orders, and management of the Venue Budget; • Architectural themes in the Venue and the relationship of those to the larger Bull Street Development; • Relationship between the Venue and other elements of the Bull Street Development; and • Infrastructure and public improvements necessary to serve the Venue. Notwithstanding the foregoing all contractually required communications, obligations and ultimate authority with respect to the Venue, the Project Architect, the Contractor or anyone acting through or on their behalf rests with City.

Collaborative and Cooperative Process. The Parties intend that the design, development, construction and furnishing of the Venue Improvements shall be a cooperative process. All Parties shall endeavor to diligently fulfill all obligations and responsibilities under this Agreement. All approvals and responses required under this Agreement shall be undertaken in good faith and delivered as soon as commercially reasonable. The Parties agree that each Party’s Representative will have full access to any pertinent information available to City from the Contractor, the Project Architect and all other contractors, consultants and other Persons retained in connection with the design, development, construction and furnishing of the Venue Improvements. For purposes of participating in the process of managing construction costs and continuing to be involved and informed during the design and construction of the Venue Improvements, each Party’s Representative will be given a reasonable opportunity to be present at all material meetings and briefings with all Parties, contractors, consultants and other Persons engaged with regard to the design, development, construction and furnishing of the Venue Improvements; Until the Venue is complete, representatives of the City and Club shall meet, as necessary, in person or via teleconference, in general not less than once every two (2) weeks to discuss and coordinate their activities related to the Venue. BSD shall be invited to attend such meetings, but shall not be required to participate, provided, however, to the extent that the issues to be discussed and coordinated involve or materially impact the Air Rights Improvements or the larger Bull Street Development, representatives of BSD shall participate as well. Subject to applicable state and local procurement laws the City will consult with Club and BSD on all material matters relating to the design and construction of the Venue, including but not limited to: • : (a) Retention of appropriate professionals to design and engineer the Venue and to provide construction oversight; • ; (b) Completion of architectural drawings, preparation of bid documents, supervision of scheduling and construction, handling of change orders, and management of the Venue Budget; • ; (c) Architectural themes in the Venue and the relationship of those to the larger Bull Street Development; • ; (d) Relationship between the Venue and other elements of the Bull Street Development; and • and (e) Infrastructure and public improvements necessary to serve the Venue. Notwithstanding the foregoing all contractually required communications, obligations and ultimate authority with respect to the Venue, the Project Architect, the Contractor or anyone acting through or on their behalf rests with City.