Common use of Other Compelling Circumstances with Specific Approval of Owner Clause in Contracts

Other Compelling Circumstances with Specific Approval of Owner. In certain compelling circumstances, upon the request of the CM/GC and the recommendation of the Design Professional, Owner may permit, in its sole and unfettered discretion where such approval is in the best interest of the Owner, CM/GC to perform specified work with its own forces. CM/GC’s line item budget for such Work stated in its current Construction Budget, or less, shall be deemed to be a proposal submitted by the CM/GC for such Work for which, in accordance with this Paragraph and subject to approval by Owner, the CM/GC will undertake to perform on a lump sum basis. CM/GC shall not be entitled to any additional CM/GC Fee calculated on such lump sum. No action permitted under this Paragraph shall increase the Guaranteed Maximum Price.

Appears in 13 contracts

Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement

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Other Compelling Circumstances with Specific Approval of Owner. In certain compelling circumstances, upon the request of the CM/GC and the recommendation of the Design Professional, Owner may permit, in its sole and unfettered discretion where such approval is in the best interest of the Owner, CM/GC to perform specified work with its own forces. CM/GC’s GC‟s line item budget for such Work stated in its current Construction Budget, or less, shall be deemed to be a proposal submitted by the CM/GC for such Work for which, in accordance with this Paragraph and subject to approval by Owner, the CM/GC will undertake to perform on a lump sum basis. CM/GC shall not be entitled to any additional CM/GC Construction Fee calculated on such lump sumsum as a cost of the Work. No action permitted under this Paragraph shall increase the Guaranteed Maximum Price.

Appears in 2 contracts

Samples: Construction Management Agreement, Construction Management Agreement

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Other Compelling Circumstances with Specific Approval of Owner. In certain compelling circumstances, upon the request of the CM/GC and the recommendation of the Design Professional, Owner may permit, in its sole and unfettered discretion where such approval is in the best interest of the Owner, CM/GC to perform specified work with its own forces. CM/GC’s line item budget for such Work stated in its current Construction Budget, or less, shall be deemed to be a proposal submitted by the CM/GC for such Work for which, in accordance with this Paragraph and subject to approval by Owner, the CM/GC will undertake to perform on a lump sum basis. CM/GC shall not be entitled to any additional CM/GC Construction Fee calculated on such lump sumsum as a cost of the Work. No action permitted under this Paragraph shall increase the Guaranteed Maximum Price.

Appears in 1 contract

Samples: Construction Management Agreement

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