District Consultants, Staff and Contractors. The District reserves the rights to employ other consultants in connection with the Project and/or to perform work on the Project using its own staff or other contractors. The Construction Manager shall notify the District in the event any such action by the District unreasonably interferes, or likely will unreasonably interfere, with the Construction Manager’s responsibilities pursuant to this Agreement. Upon receipt of any such notification, the District shall have the option to: (i) immediately cause the consultant or other party or parties to cease the activities causing such unreasonable interference; (ii) waive all rights the District may have against Construction Manager in regard to the effect of such activities, including, without limitation, claims for delay; (iii) amend this Agreement and/or the Scope of CM Services to eliminate any existing or potential interference with the CM Services, in which event, if applicable, the Construction Manager’s compensation hereunder shall be adjusted accordingly; or (iv) if the District disagrees with the Construction Manager’s conclusion that such other party or parties have unreasonably interfered, or will unreasonably interfere, with the CM Services, the District may decline to take action, in which event the Construction Manager may, in its discretion, pursue dispute resolution as provided in Part 12 herein. In the event the Construction Manager pursues dispute resolution, the Construction Manager shall continue to provide the CM Services in strict accordance with this Agreement during the pending dispute resolution process.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Services Agreement
District Consultants, Staff and Contractors. The District reserves the rights to employ other consultants in connection with the Project and/or to perform work on the Project using its own staff or other contractors. The Construction Manager shall notify the District in the event any such action by the District unreasonably interferes, or likely will unreasonably interfere, with the Construction Manager’s responsibilities pursuant to this Agreement. Upon receipt of any such notification, the District shall have the option to: (i) immediately cause the consultant or other party or parties to cease the activities causing such unreasonable interference; (ii) waive all rights the District may have against Construction Manager in regard to the effect of such activities, including, without limitation, claims for delay; (iii) amend this Agreement and/or the Scope of CM Services to eliminate any existing or potential interference with the CM Services, in which event, if applicable, the Construction Manager’s compensation hereunder shall be adjusted accordingly; or (iv) if the District disagrees with the Construction Manager’s conclusion that such other party or parties have unreasonably interfered, or will unreasonably interfere, with the CM Services, the District may decline to take action, in which event the Construction Manager may, in its discretion, pursue dispute resolution as provided in Part 12 herein. In the event the Construction Manager pursues dispute resolution, the Construction Manager shall continue to provide the CM Services in strict accordance with this Agreement during the pending dispute resolution process.shall
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Services Agreement