OWNER’S WITNESS; RECRUITING AND TRAINING. 6.1.1 The following Additional Services shall be performed upon the written request of the Owner and shall be paid for as changes to the Work: 6.1.1.1 Preparing to serve or serving as a witness for the Owner in connection with any litigation or arbitration proceeding or other hearing after final contract close-out, and 6.1.1.2 Recruiting or training maintenance personnel, except as provided in the Contract Documents. 6.1.2 Notwithstanding anything to the contrary in this Agreement, the Owner shall not be responsible to pay, and the Construction Manager shall not be entitled to receive, compensation for any Additional Services if such services were required due to the fault of the Construction Manager, any member of the Construction Team, or the Construction Manager’s failure to perform strictly in accordance with the terms of this Agreement.
Appears in 5 contracts
Samples: Professional Services, Professional Services Agreement, Professional Services
OWNER’S WITNESS; RECRUITING AND TRAINING. 6.1.1
6.1.1. The following Additional Services shall be performed upon the written request of the Owner and shall be paid for as changes to the Work:
6.1.1.1 .1 Preparing to serve or serving as a witness for the Owner in connection with any litigation or arbitration proceeding or other hearing after final contract close-out, and
6.1.1.2 and .2 Recruiting or training maintenance personnel, except as provided in the Contract Documents.
6.1.2 6.1.2. Notwithstanding anything to the contrary in this Agreement, the Owner shall not be responsible to pay, pay and the Construction Manager shall not be entitled to receive, receive compensation for any Additional Services if such services were required due to the fault of the Construction Manager, any member of the Construction Team, or the Construction Manager’s failure to perform strictly in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Construction Management Agreement
OWNER’S WITNESS; RECRUITING AND TRAINING. 6.1.1 The following Additional Services shall shallwill be performed upon the written request of the Owner and shall shallwill be paid for as changes to the Work:
6.1.1.1 Preparing to serve or serving as a witness for the Owner in connection with any litigation or arbitration proceeding or other hearing after final contract close-out, and
6.1.1.2 Recruiting or training maintenance personnel, except as provided in the Contract Documents.
6.1.2 Notwithstanding anything to the contrary in this Agreement, the Owner shall shallwill not be responsible to pay, and the Construction Manager shall shallwill not be entitled to receive, compensation for any Additional Services if such services were required due to the fault of the Construction Manager, any member of the Construction Team, or the Construction Manager’s failure to perform strictly in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Construction Management Agreement
