OF AGREEMENT. Sections 4.1, 4.2 and 4.3 shall be read in their entirety as provided in the Agreement. Article IV (except for Sections 4.1, 4.2 and 4.3 thereof) shall be read in its entirety as follows and shall be applicable only to the Investor Certificates:
OF AGREEMENT. The Construction Manager shall prepare and update detailed cost estimates in accordance with Section 3.8 as the Design Professional progresses with the preparation of the Schematic, Design Development and Construction Documents for each document package as detailed in the Agreement. In addition, these detailed costs estimates although prepared in the format of CSI division and subdivision, shall also be presented to the Owner in the above listed document packages and also subdivided in the Construction Manager bid package format prior to going out for bid with the first bid package, and shall comply with the Fixed Limit of Construction Cost included herein and with each separate component of the Fixed Limit of Construction Cost. In accordance with Section 3.8.4, the Construction Manager shall promptly advise the Owner and the Design Professional if there are indications that the Fixed Limit of Construction Cost will not be met and make recommendations in accordance with Value Engineering procedures to reduce excess costs as detailed in Section 3.5.
OF AGREEMENT. The parties (i) agree that the damages which the Owner will sustain as a result of a failure to meet the date of Substantial Completion set forth in the Construction Schedule are difficult or impossible to determine with certainty and (ii) in good faith estimate and set forth as fair compensation (and not as a penalty) “Liquidated Damages” to be based upon the actual date Substantial Completion is achieved, as follows: Maximum = 25% of Construction Manager’s Fee Daily Reduction = Maximum The amount of reduction per day shall be ($ ). The total liquidated damages shall in no event exceed a maximum of ($ ). The sum of all the liquidated damages combined, imposed by the Construction Manager upon all the Trade Contractors combined, may not exceed the total amount included above.
OF AGREEMENT. (A) Sections 4.01, 4.02 and 4.03 ----------------------- of the Agreement shall be read in their entirety as provided in the Agreement except for subsections 4.02(b) and (c) of the Agreement which shall, for purposes of this Series Supplement, read in their entirety as follows:
OF AGREEMENT. Upon receipt of evidence ------------------------------------ satisfactory to the Company of the loss, theft, mutilation or destruction of this Agreement, and in the case of any such loss, theft or destruction, upon delivery of a bond of indemnity in such form and amount as shall be reasonably satisfactory to the Company, or in the event of such mutilation, upon surrender and cancellation of the Agreement, the Company shall make and deliver a new Agreement of like tenor in lieu of such lost, stolen, destroyed or mutilated Agreement. Any Agreement executed and delivered under the provisions of this paragraph 8 in lieu of any Agreement alleged to be lost, destroyed or stolen, or in lieu of any mutilated Agreement, shall constitute an original contractual obligation on the part of the Company.
OF AGREEMENT. The Design Professional design release dates of documents to CM are: Document description Design Release Date These dates are incorporated in the Construction Manager’s Project Schedule in accordance with Section 3.7.1 of the Agreement. The Project Schedule Substantial Completion and occupancy date for all areas of the Project is Additional established contract milestone dates are: Description Date
OF AGREEMENT. Sections 4.01 through 4.06 of the Agreement shall be read in their entirety as provided in the Agreement. Article IV of the Agreement (except for Sections 4.01 through 4.06 thereof) shall, with respect to the Series 1997-2 Participation Interest, be read in its entirety as follows:
OF AGREEMENT. The Agreement and all of its terms shall inure to the benefit of any permitted assignees of or lawful successors to either Party.
OF AGREEMENT. The parties agree that, in the event of a dispute arising out of the interpretation of a clause or Article in this Agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve the problem. This Article does not prevent an employee from availing himself of the grievance procedure provided in this Agreement.
OF AGREEMENT. Section 5.1(c) of the Agreement ------------------------------- shall be and is hereby amended and restated to be as follows:
