DEVELOPER'S REPRESENTATIVE AND PROGRAM MANAGER Clause Samples

DEVELOPER'S REPRESENTATIVE AND PROGRAM MANAGER. (a) Unless provided otherwise, whenever approval or action by Developer is required by this Agreement with respect to construction matters, such action or approval shall be taken or given by the Developer's Representative. Written notice of the designation of Developer's Representative (and any subsequent change in the Developer's Representative) shall be given by the Developer to the other parties in the manner provided in Section 21.1. ------------- Nothing herein is intended to impose personal liability on Developer's Representative except as may exist by law or contract between a party and its agent or authorized representative. (b) As to construction related matters and approvals: (i) EDC agrees that PM shall communicate with the Developer and any of its agents only through Developer's Representative; and (ii) Developer's Representative agrees to communicate with EDC through the PM. Any variation of this procedure must be authorized in writing. (c) Commencing on the Closing Date, the Developer's Representative and the PM shall meet as necessary (no less often than monthly) to discuss and coordinate all aspects of the Work ("Work Meetings"). The Work Meetings are, among other things, intended to constitute the principal forum in which matters addressed in this Article IV ---------- and all other EDC approvals (outside of the normal approval, permitting and inspection process associated with building projects generally in the City) are to be discussed and resolved and in which the PM shall propose methods to expedite the resolution of outstanding issues and the obtaining of necessary Permits and inspections by the City and its subdivisions and instrumentalities. With respect to any matter raised with the PM which under this Agreement requires the approval of the EDC, unless otherwise provided in this Agreement, the PM shall respond as promptly as practicable within fifteen (15) days of such request. If the EDC refuses to approve such matter, the Developer's Representative and the PM shall continue their discussions in good faith to arrive at a resolution of the outstanding matter acceptable to Developer and EDC in the exercise of their reasonable judgment. (d) EDC agrees to use reasonable efforts to (i) retain a PM prior t the Closing Date; (ii) advise PM of his or her obligation to maintain the confidentiality of confidential information provided to him or her by Developer; and (iii) obtain a post-employment restriction agreement restricting the PM fro...