Common use of Nature of Developer’s Duties and Responsibilities Clause in Contracts

Nature of Developer’s Duties and Responsibilities. Owner hereby acknowledges that Developer’s duties and responsibilities hereunder with respect to the development and construction of the Project and the performance of the Development Work consist only in managing, arranging, supervising and coordinating the planning, design, permitting, scheduling, construction, and completion of the Development Work and the performance of the other Development Functions and duties under this Agreement which relate to the Development Work, all in accordance with, and subject to the limitations of, the terms of this Agreement; that Developer is not itself preparing any architectural or engineering plans, designs, specifications or performing any construction required for the development or completion of the Development Work; and that Developer is not responsible for, and will not be liable for, any work, act, omission, negligence, gross negligence or intentional misconduct of any other party (other than parties affiliated with Developer) employed by Owner or performing work for Owner in connection with the Development Work. Nothing in this Section 9.5 shall be deemed to relieve Developer from any responsibility or liability it may have for fraud, gross negligence, willful misconduct or a breach by Developer of its obligations under this Agreement.