Common use of Developer’s Supervision Clause in Contracts

Developer’s Supervision. 6.3.1 During progress of the Work, Developer shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, an experienced and competent project manager and construction superintendent who are employees of Developer, to whom the District does not object and whom shall be fluent in English, written and verbal. 6.3.2 The project manager and construction superintendent shall both speak fluent English and the predominant language of Developer’s employees. 6.3.3 Developer acknowledges the quality and qualifications of the Key Personnel were important factors in District’s selection of Developer for the Project. Developer and District agree that the personal services of the Key Personnel are a material term of the Contract Documents. Developer and District agree further that the substitution or removal or change in role or level of effort of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, District and Developer have agreed to liquidated damages as described below: 6.3.3.1 Before commencing the Work herein, Developer shall give written notice to District of Developer’s Key Personnel. 6.3.3.2 Key Personnel shall be the same as those individuals identified in Developer’s response to the District’s RFQ/P. 6.3.3.3 For any substitution of any Key Personnel individual before the end of the individual’s Project commitment period provided in Developer’s Key Personnel staffing schedule, District may assess once, and Developer shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted Key Personnel.

Appears in 13 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

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Developer’s Supervision. 6.3.1 During progress of the Work, Developer shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, an experienced and competent project manager and construction superintendent who are employees of DeveloperXxxxxxxxx, to whom the District does not object and whom shall be fluent in English, written and verbal. 6.3.2 The project manager and construction superintendent shall both speak fluent English and the predominant language of Developer’s employees. 6.3.3 Developer acknowledges the quality and qualifications of the Key Personnel were important factors in District’s selection of Developer for the Project. Developer and District agree that the personal services of the Key Personnel are a material term of the Contract Documents. Developer and District agree further that the substitution or removal or change in role or level of effort of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, District and Developer have agreed to liquidated damages as described below: 6.3.3.1 Before commencing the Work herein, Developer shall give written notice to District of Developer’s Key Personnel. 6.3.3.2 Key Personnel shall be the same as those individuals identified in Developer’s response to the District’s RFQ/P. 6.3.3.3 For any substitution of any Key Personnel individual before the end of the individual’s Project commitment period provided in Developer’s Key Personnel staffing schedule, District may assess once, and Developer shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted Key Personnel.six

Appears in 8 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

Developer’s Supervision. 6.3.1 During progress of the Work, Developer shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, an experienced and competent project manager and construction superintendent who are employees of DeveloperXxxxxxxxx, to whom the District does not object and whom shall be fluent in English, written and verbal. 6.3.2 The project manager and construction superintendent shall both speak fluent English and the predominant language of Developer’s employees. 6.3.3 Developer acknowledges the quality and qualifications of the Key Personnel were important factors in District’s selection of Developer for the Project. Developer and District agree that the personal services of the Key Personnel are a material term of the Contract Documents. Developer and District agree further that the substitution or removal or change in role or level of effort of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, District and Developer have agreed to liquidated damages as described below: 6.3.3.1 Before commencing the Work herein, Developer shall give written notice to District of Developer’s Key Personnel. 6.3.3.2 Key Personnel shall be the same as those individuals identified in Developer’s response to the District’s RFQ/P. 6.3.3.3 For any substitution of any Key Personnel individual before the end of the individual’s Project commitment period provided in Developer’s Key Personnel staffing schedule, District may assess once, and Developer shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted Key Personnel.

Appears in 7 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

Developer’s Supervision. 6.3.1 During progress of the Work, Developer shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, an experienced and competent project manager and construction superintendent who are employees of Developer, to whom the District does not object and whom shall be fluent in English, written and verbal. 6.3.2 The project manager and construction superintendent shall both speak fluent English and the predominant language of Developer’s employees. 6.3.3 Developer acknowledges the quality and qualifications of the Key Personnel were important factors in District’s selection of Developer for the Project. Developer and District agree that the personal services of the Key Personnel are a material term of the Contract Documents. Developer and District agree further that the substitution or removal or change in role or level of effort of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, District and Developer have agreed to liquidated damages as described below: 6.3.3.1 1.1.1.1 Before commencing the Work herein, Developer shall give written notice to District of Developer’s Key Personnel. 6.3.3.2 1.1.1.2 Key Personnel shall be the same as those individuals identified in Developer’s response to the District’s RFQ/P. 6.3.3.3 1.1.1.3 For any substitution of any Key Personnel individual before the end of the individual’s Project commitment period provided in Developer’s Key Personnel staffing schedule, District may assess once, and Developer shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted Key Personnel.

Appears in 4 contracts

Samples: General Construction Agreement, General Construction Agreement, General Construction Agreement

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Developer’s Supervision. 6.3.1 During progress of the Work, Developer shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, an experienced and competent project manager and construction superintendent who are employees of Developer, to whom the District does not object and whom shall be fluent in English, written and verbal. 6.3.2 The project manager and construction superintendent shall both speak fluent English and the predominant language of Developer’s employees. 6.3.3 Developer acknowledges the quality and qualifications of the Key Personnel were important factors in District’s selection of Developer for the Project. Developer and District agree that the personal services of the Key Personnel are a material term of the Contract Documents. Developer and District agree further that the substitution or removal or change in role or level of effort of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, District and Developer have agreed to liquidated damages as described below: 6.3.3.1 Before commencing the Work herein, Developer shall give written notice to District of Developer’s Key Personnel. 6.3.3.2 Key Personnel shall be the same as those individuals identified in Developer’s response to the District’s RFQ/P. 6.3.3.3 For any substitution of any Key Personnel individual before the end of the individual’s Project commitment period provided in Developer’s Key Personnel staffing schedule, District may assess once, and Developer shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted Key Personnel.six

Appears in 2 contracts

Samples: Facilities Lease, Facilities Lease

Developer’s Supervision. 6.3.1 During progress of the Work, Developer shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, an experienced and competent project manager and construction superintendent who are employees of Developer, to whom the District does not object and whom shall be fluent in English, written and verbal. 6.3.2 The project manager and construction superintendent shall both speak fluent English and the predominant language of Developer’s employees. 6.3.3 Developer acknowledges the quality and qualifications of the Key Personnel were important factors in District’s selection of Developer for the Project. Developer and District agree that the personal services of the Key Personnel are a material term of the Contract Documents. Developer and District agree further that the substitution or removal or change in role or level of effort of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix. In lieu such damages, District and Developer have agreed to liquidated damages as described below: 6.3.3.1 Before commencing the Work herein, Developer shall give written notice to District of Developer’s Key Personnel. 6.3.3.2 Key Personnel shall be the same as those individuals identified in Developer’s response to the District’s RFQ/P.RFP. 6.3.3.3 For any substitution of any Key Personnel individual before the end of the individual’s Project commitment period provided in Developer’s Key Personnel staffing schedule, District may assess once, and Developer shall accept, liquidated damages in the amount of six (6) times the gross monthly salary for each substituted Key Personnel.

Appears in 1 contract

Samples: General Construction Agreement

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