Reliance of Owner. Notwithstanding anything to the contrary contained in this Contract, Owner and CM agree and acknowledge that Owner is entering into this Contract in reliance on CM's represented expertise and ability to provide construction management services. Owner is paying CM a professional services fee during the Pre-Construction Services Phase attempting to achieve optimum cost and time outcomes for the Project. CM agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and using Owner’s prescribed procedures.
Reliance of Owner. Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge that Owner is entering into this Agreement in reliance on Contractor's represented expertise and ability to provide construction services. Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and using Owner’s prescribed procedures.
Reliance of Owner. The Owner has entered into the Charter in reliance upon, among other things, this Guarantee.
