Responsibility for Proper Performance Sample Clauses

Responsibility for Proper Performance. Notwithstanding Design-Builder's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the Design-Builder shall be responsible to the Owner for the proper performance of the Work in compliance with the Contract Documents unless the Contract Documents expressly provide to the contrary. Unless caused by the Owner or Program Manager, inefficiency, non-performance, improper performance, or other default by any Trade Contractor or Trade Supplier under contract with Design-Builder or employee thereof shall not excuse the Design-Builder from its obligation to assure timely performance in compliance with the Contract Documents.
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Responsibility for Proper Performance. Notwithstanding CM/GC's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the CM/GC shall be responsible to the Owner for the proper performance of the Work in compliance with the Contract Documents unless the Contract Documents expressly provide to the contrary. Unless caused by the Owner or Design Professional, inefficiency, non-performance, improper performance, or other default by any Trade Contractor or Trade Supplier under contract with CM/GC or employee thereof shall not excuse the CM/GC from its obligation to assure timely performance in compliance with the Contract Documents.
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Responsibility for Proper Performance. Notwithstanding CMR's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the CMR shall be responsible to the Board for the proper performance of the Work in compliance with the Contract Documents unless the Contract Documents expressly provide to the contrary. Unless caused by the Board or Design Professional, inefficiency, non- performance, improper performance, or other default by any Trade Contractor or Trade Supplier under contract with CMR or employee thereof shall not excuse the CMR from its obligation to assure timely performance in compliance with the Contract Documents.
Sample 1Sample 2
Responsibility for Proper Performance. Notwithstanding CMGC's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the CMGC shall be responsible to the Owner for the proper performance of the Work in compliance with the Contract Documents unless the Contract Documents expressly provide to the contrary. Unless caused by the Owner or Design Professional, inefficiency, non-performance, improper performance, or other default by any Trade Contractor, Trade Supplier, or other Subcontractor under contract with CMGC, agent, employee, or representative thereof shall not excuse the CMGC from its obligation to assure timely performance in compliance with the Contract Documents. The risk and cost of CMGC’s selection of a successful proposer lies exclusively with the CMGC (see Section 8.2.2.3).
Sample 1
Responsibility for Proper Performance. Notwithstanding Construction Manager's entry of contracts with Trade Contractors or Trade Suppliers incident to the performance of the whole or any part of the Work, the Construction Manager shall be exclusively responsible to the Owner for the proper performance of the Work in compliance with the Contract Documents, unless the Contract Documents expressly provide to the contrary. Inefficiency, non performance or improper performance or other default by any Trade Contractor or Trade Supplier under contract with Construction Manager, or employee thereof, shall not excuse the Construction Manager from its obligation to assure timely perfor- xxxxx in compliance with the Contract Documents unless caused by the Owner or Architect.
Sample 1

Related to Responsibility for Proper Performance

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss arising within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the Property, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Responsibility for Collateral The Debtors assume all liabilities and responsibility in connection with all Collateral, and the Obligations shall in no way be affected or diminished by reason of the loss, destruction, damage or theft of any of the Collateral or its unavailability for any reason. Without limiting the generality of the foregoing, (a) neither the Agent nor any Secured Party (i) has any duty (either before or after an Event of Default) to collect any amounts in respect of the Collateral or to preserve any rights relating to the Collateral, or (ii) has any obligation to clean-up or otherwise prepare the Collateral for sale, and (b) each Debtor shall remain obligated and liable under each contract or agreement included in the Collateral to be observed or performed by such Debtor thereunder. Neither the Agent nor any Secured Party shall have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Agent or any Secured Party of any payment relating to any of the Collateral, nor shall the Agent or any Secured Party be obligated in any manner to perform any of the obligations of any Debtor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent or any Secured Party in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent or any Secured Party may be entitled at any time or times.

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