Elective Continuance of the Project by the City with Other Contractors; Project Documents Sample Clauses

Elective Continuance of the Project by the City with Other Contractors; Project Documents. The City shall have the right at any time in its discretion to proceed to develop and implement the Project with other contractors and service providers. The City may exercise such right during the performance of the Stage 1 Preliminary Services, upon termination of this Design-Build Contract or upon any failure of the parties to execute a GMP Amendment. The City shall have the further right in connection therewith, based on its ownership of the Stage 1 Preliminary Services Deliverable Material as provided in Section 4.8, to use any Stage 1 Preliminary Services Deliverable Material in any manner it chooses to complete the design and construction of the Project. In such event, the Design-Builder shall be liable for the Stage 1 Preliminary Services Deliverable Material solely to the extent of errors or omissions in the Stage 1 Preliminary Services Deliverable Material, as determined based on the developmental stage of the Stage 1 Preliminary Services Deliverable Material at the time of transfer to the City and a standard of care ordinarily used by members of the subject profession, having experience with projects similar in scope and complexity and practicing in major United States urban areas. This limitation as to the Design-Builder’s liability for the Stage 1 Preliminary Services Deliverable Material is applicable only to the extent the City determines not to enter into the GMP Amendment or otherwise terminates this Design-Build Contract and is intended to recognize the City’s investment in the Stage 1 Preliminary Services Deliverable Material and to provide the City with a meaningful alternative for the design and construction of the Project in such circumstances, while recognizing that the Design-Builder will not have control over the use of the Stage 1 Preliminary Services Deliverable Material in such circumstances. The Design-Builder acknowledges and agrees that such limitation will have no applicability if the parties enter into the GMP Amendment and proceed with the Stage 2 Design-Build Work.