Common use of Purpose of Owner’s Review Clause in Contracts

Purpose of Owner’s Review. Owner’s review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with Owner’s requirements. No review, inspection, or approval by Owner of such Work or documents shall relieve Construction Manager of its responsibility for the performance of its obligations under the Contract for Construction or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work shall not relieve Construction Manager of responsibility for the performance of its obligations under the Contract for Construction. Payment by Owner pursuant to the Contract for Construction shall not constitute a waiver of any of Owner’s rights under the Contract for Construction or at law or in equity, and Construction Manager expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by Owner. Notwithstanding the foregoing, prompt written notice shall be given by Owner or Professional to Construction Manager if Owner becomes aware of any fault or defect in the Work or non-conformance with the Contract for Construction.

Appears in 3 contracts

Samples: Agreement for Construction Management Services, Agreement for Construction Management Continuing Services, Agreement for Construction Management Services

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Purpose of Owner’s Review. Owner’s review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with Owner’s requirements. No review, inspection, or approval by Owner of such Work or documents shall relieve Construction Manager of its responsibility for the performance of its obligations under the Contract for Construction or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work shall not relieve Construction Manager of responsibility for the performance of its obligations under the Contract for Construction. Payment by Owner pursuant to the Contract for Construction shall not constitute a waiver of any of Owner’s rights under the Contract for Construction or at law or in equity, and Construction Manager expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by Owner. Notwithstanding the foregoing, prompt written notice shall be given by Owner or Professional to Construction Manager if Owner becomes aware of any fault or defect in the Work or non-non- conformance with the Contract for Construction.

Appears in 2 contracts

Samples: Agreement for Construction Management Services, Agreement for Construction Management Services

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Purpose of Owner’s Review. Owner’s review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with Owner’s requirements. No review, inspection, or approval by Owner of such Work or documents shall relieve Construction Manager Contractor of its responsibility for the performance of its obligations under the Contract for Construction or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work shall not relieve Construction Manager Contractor of responsibility for the performance of its obligations under the Contract for Construction. Payment by Owner pursuant to the Contract for Construction shall not constitute a waiver of any of Owner’s rights under the Contract for Construction or at law or in equity, and Construction Manager Contractor expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by Owner. Notwithstanding the foregoing, prompt written notice shall be given by Owner or Professional to Construction Manager Contractor if Owner becomes aware of any fault or defect in the Work or non-conformance with the Contract for Construction.

Appears in 1 contract

Samples: Construction Agreement

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