Common use of SPECIAL WARRANTIES Clause in Contracts

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management 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 procedures. 20.2 Contractor represents and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractors, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s duties shall not be diminished by any approval by Owner nor shall Contractor be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder. 20.4 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future affiliate of Owner or any agent, officer, director, employee, or regent of Owner, or of the members comprising The Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management 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 procedures. 20.2 Contractor represents and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable applicable, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractors, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s duties shall not be diminished by any approval by Owner nor shall Contractor be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder. 20.4 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future affiliate of Owner or any agent, officer, director, employee, or regent of Owner, or of the members comprising The Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor Construction Manager agree and acknowledge that Owner is entering into this Agreement in reliance on Contractor’s Construction Manager's represented expertise and ability to provide construction management services. Contractor Construction Manager 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 procedures. 20.2 Contractor represents . The Construction Manager represents, and agrees that it will perform its services in accordance with the usual and customary standards of ContractorConstruction Manager’s profession or business and in compliance with all applicable national, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor Construction Manager agrees to bear the full cost of correcting ContractorConstruction Manager’s negligent or improper work and services, those of its consultants and Subcontractorsconsultants, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s . The Construction Manager's duties shall not be diminished by any approval by Owner nor shall Contractor the Construction Manager be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon Contractorthe Construction Manager’s skill and knowledge in performing the services required hereunder. 20.4 Contractor . The Construction Manager represents and agrees that all persons connected with Contractor the Construction Manager directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor . The Construction Manager represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor the Construction Manager (by the Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor . The Construction Manager represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor . Construction Manager represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor . Construction Manager represents and agrees that the individual executing this Agreement on behalf of Contractor Construction Manager has been duly authorized to act for and to bind Contractor Construction Manager to its terms. 20.9 . Except for the obligation of Owner to pay Contractor Construction Manager certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to ContractorConstruction Manager, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the members components comprising The University of Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 21.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor Construction Manager agree and acknowledge that Owner is entering into this Agreement in reliance on Contractor’s Construction Manager's represented expertise and ability to provide construction management services. Contractor Construction Manager 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 procedures. 20.2 Contractor represents 21.2 The Construction Manager represents, and agrees that it will perform its services in accordance with the usual and customary standards of ContractorConstruction Manager’s profession or business and in compliance with all applicable national, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor Construction Manager agrees to bear the full cost of correcting ContractorConstruction Manager’s negligent or improper work and services, those of its consultants and Subcontractorsconsultants, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s 21.3 The Construction Manager's duties shall not be diminished by any approval by Owner nor shall Contractor the Construction Manager be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon Contractorthe Construction Manager’s skill and knowledge in performing the services required hereunder. 20.4 Contractor 21.4 The Construction Manager represents and agrees that all persons connected with Contractor the Construction Manager directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor 21.5 The Construction Manager represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor the Construction Manager (by the Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor 21.6 The Construction Manager represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor 21.7 Construction Manager represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor 21.8 Construction Manager represents and agrees that the individual executing this Agreement on behalf of Contractor Construction Manager has been duly authorized to act for and to bind Contractor Construction Manager to its terms. 20.9 21.9 Except for the obligation of Owner to pay Contractor Construction Manager certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to ContractorConstruction Manager, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the members components comprising The University of Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 21.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor Construction Manager agree and acknowledge that Owner is entering into this Agreement in reliance on Contractor’s Construction Manager's represented expertise and ability to provide construction management services. Contractor Construction Manager 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 procedures. 20.2 Contractor represents 21.2 Construction Manager represents, and agrees that it will perform its services in accordance with the usual and customary standards of ContractorConstruction Manager’s profession or business and in compliance with all applicable national, federal, state, and municipal, municipal laws, regulations, codes, ordinances, or and orders and with those of any other body having jurisdiction over the Project. Contractor Construction Manager agrees to bear the full cost of correcting ContractorConstruction Manager’s negligent or improper work and services, those of its consultants and Subcontractorsconsultants, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s 21.3 Construction Manager's duties shall not be diminished by any approval by Owner nor shall Contractor Construction Manager be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon ContractorConstruction Manager’s skill and knowledge in performing the services required hereunder. 20.4 Contractor 21.4 Construction Manager represents and agrees that all persons connected with Contractor Construction Manager directly in charge of its services are duly registered and/or or licensed as required under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license or licensing is required. 20.5 Contractor 21.5 Construction Manager represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor Construction Manager (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor 21.6 Construction Manager represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor 21.7 Construction Manager represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor 21.8 Construction Manager represents and agrees that the individual executing this Agreement on behalf of Contractor Construction Manager has been duly authorized to act for and to bind Contractor Construction Manager to its terms. 20.9 21.9 Except for the obligation of Owner to pay Contractor Construction Manager certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to ContractorConstruction Manager, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the members components comprising The University of Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 11.1 Notwithstanding anything to the contrary contained in this AgreementContract, Owner and Contractor agree and acknowledge that Owner is entering into this Agreement Contract in reliance on Contractor’s 's represented expertise and ability to provide construction management 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 procedures. 20.2 11.2 The Contractor represents represents, and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable national, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractorssubcontractors, and any harm caused by the negligent or improper work or services. 20.3 11.3 The Contractor’s 's duties shall not be diminished by any approval by Owner nor shall the Contractor be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon the Contractor’s skill and knowledge in performing the services required hereunder. 20.4 11.4 The Contractor represents and agrees that all persons connected with Contractor who are directly in charge of its services are duly registered and/or licensed Contractor Work or Services that require registration or licenses under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is are duly registered or licensed as required. 20.5 11.5 The Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Contractor (by Owner or any other party) under the provisions of this Contract that is, in its opinion, the Contractor considers unsuitable, improper, or inaccurate for the purposes for which the document or data is furnishedintended. 20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 11.6 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this AgreementContract. 20.8 11.7 Contractor represents and agrees that the individual executing this Agreement Contract on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 11.8 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this AgreementContract, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this AgreementContract. Notwithstanding any obligation or liability of Owner to Contractor, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, the Texas State University System, or of the members component institutions comprising The Texas A&M State University System, or anyone claiming under to be affiliated with Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this AgreementContract.

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor Construction Manager agree and acknowledge that Owner is entering into this Agreement in reliance on Contractor’s Construction Manager's represented expertise and ability to provide construction management services. Contractor Construction Manager 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 procedures. 20.2 Contractor . The Construction Manager represents and agrees that it will perform its services in accordance with the usual and customary standards of ContractorConstruction Manager’s profession or business and in compliance with all applicable national, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor Construction Manager agrees to bear the full cost of correcting ContractorConstruction Manager’s negligent or improper work and services, those of its consultants and Subcontractorsconsultants, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s . The Construction Manager's duties shall not be diminished by any approval by Owner Owner, nor shall Contractor the Construction Manager be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon Contractorthe Construction Manager’s skill and knowledge in performing the services required hereunder. 20.4 Contractor . The Construction Manager represents and agrees that all persons connected with Contractor the Construction Manager directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor . The Construction Manager represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor the Construction Manager (by the Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor . The Construction Manager represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor . Construction Manager represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor . Construction Manager represents and agrees that the individual executing this Agreement on behalf of Contractor Construction Manager has been duly authorized to act for and to bind Contractor Construction Manager to its terms. 20.9 . Except for the obligation of Owner to pay Contractor Construction Manager certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to ContractorConstruction Manager, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the members components comprising The University of Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor Construction Manager or to anyone claiming through or under Contractor Construction Manager by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner City and Contractor agree and acknowledge Owner City is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management services. Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner City in accordance with OwnerCity’s requirements and procedures. 20.2 Contractor represents and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable applicable, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractors, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s duties shall not be diminished by any approval by Owner City nor shall Contractor be released from any liability by any approval by OwnerCity, it being understood that Owner is City are ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder. 20.4 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor represents and agrees to advise Owner City of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner City or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of OwnerCity. 20.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 Except for the obligation of Owner City to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner City shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner City to Contractor, no present or future affiliate of Owner City or any agent, officer, director, employee, or regent of OwnerCity, or of the members comprising The Texas A&M University System, or anyone claiming under Owner City has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. 20.10 Contractor represents and warrants the following: (i) Contractor has complied and will comply with all Applicable Laws in performing the Services described herein;

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management 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 procedures. 20.2 Contractor represents and agrees that it will perform its services in accordance with the 03/16 Project No. 04-3195 usual and customary standards of Contractor’s profession or business and in compliance with all applicable federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractors, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s duties shall not be diminished by any approval by Owner nor shall Contractor be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder. 20.4 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future affiliate of Owner or any agent, officer, director, employee, or regent of Owner, or of the members comprising The Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management 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 procedures. 20.2 Contractor represents and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractors, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s duties shall not be diminished by any approval by Owner Owner, nor shall Contractor be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder. 20.4 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. 20.8 Contractor represents and agrees that the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future affiliate of Owner or any agent, officer, director, employee, or regent of Owner, or of the members comprising The Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

SPECIAL WARRANTIES. 20.1 Notwithstanding anything 15.1 Pursuant to Section 2254.0031 of the contrary contained in this AgreementTexas Government code, Owner which incorporates by reference Section 271.904(d) of the Texas Local Government code, CM shall perform services (1) with professional skill and Contractor agree care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and acknowledge Owner is entering into this Agreement in reliance on Contractor’s represented expertise and ability to provide construction management services. Contractor agrees to use its best efforts, skill, judgmentprofessional license, and abilities to perform its obligations (2) as expeditiously as is prudent considering the ordinary professional skill and to further the interests care of Owner in accordance with Owner’s requirements and proceduresa competent engineer or architect. 20.2 15.2 Contractor represents represents, and agrees that it will perform its services in accordance with the usual and customary standards of Contractor’s profession or business and in compliance with all applicable national, federal, state, and municipal, laws, regulations, codes, ordinances, or orders and with those of any other body having jurisdiction over the Project. Contractor agrees to bear the full cost of correcting Contractor’s negligent or improper work and services, those of its consultants and Subcontractorssubcontractors, and any harm caused by the negligent or improper work or services. 20.3 Contractor’s duties shall not be diminished by any approval by Owner nor shall Contractor be released from any liability by any approval by Owner, it being understood that Owner is ultimately relying upon Contractor’s skill and knowledge in performing the services required hereunder. 20.4 15.3 Contractor represents and agrees that all persons connected with Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if such registration and/or license is required. 20.5 15.4 Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to Contractor (by Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. 20.6 15.5 Contractor represents and agrees to perform its services under this Master Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. 20.7 15.6 Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Master Agreement. 20.8 15.7 Contractor represents and agrees that the individual executing this Master Agreement on behalf of Contractor has been duly authorized to act for and to bind Contractor to its terms. 20.9 15.8 Except for the obligation of Owner to pay Contractor certain fees, costs, and expenses pursuant to the terms of this Master Agreement, Owner shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Master Agreement. Notwithstanding any obligation or liability of Owner to Contractor, no present or future affiliate of Owner or any agent, officer, director, employee, or regent of Owner, or of the members comprising The Texas A&M University System, or anyone claiming under Owner has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Master Agreement.