Supervision of Construction. (i) Manager shall use commercially reasonable efforts to manage, supervise, oversee and facilitate all repairs, construction, maintenance, replacements, substitutions, improvements, additions and alterations, including, without limitation, Tenant improvements at the Properties, contemplated by the Approved Annual Business Plan and Budget (collectively, “Construction Work”). (ii) Manager shall publish and distribute work rules for each Property and ensure compliance with such work rules from all contractors, sub-contractors, engineers and people engaged in working on any Property for the benefit of Tenant comfort and non-disturbance and building protection and security without any additional fee or compensation. (iii) If the cost of any Construction Work is not contemplated by the Approved Annual Business Plan and Budget, Manager shall promptly notify Owner to that effect, which notice shall include a preliminary budget and a detailed description of the scope of the construction management services required to be performed with respect to such Construction Work, and Manager shall not expend any such funds unless the same are approved by Owner. (iv) Manager shall perform the construction management services with respect to any Construction Work subject to the Approved Annual Business Plan and Budget and Owner’s direction. Manager shall represent Owner in connection with any architectural renovation, asbestos abatement and life safety/operating system alterations to any Property and any action or process in order to cause any Property to abide by the Legal Requirements. (v) Manager shall cause any and all necessary permits and approvals for any Construction Work to be obtained and to be in full force and effect for as long as is required by Legal Requirements. (vi) Manager shall ensure that all appropriate insurance for any Construction Work has been obtained and is in effect and shall oversee the administration of all applicable construction contracts. (vii) Subject to subsection (iv) above, Manager’s responsibilities in performing the construction management services it is engaged to perform shall include, without limitation: (1) analyzing plans and specifications and suggesting revisions thereof; (2) suggesting contractors and supervising construction; (3) coordinating, when appropriate, with Owner, Tenants, architects, engineers, contractors and other consultants to prepare and finalize construction plans; (4) identifying and, in accordance with the terms of Section 4.2(c), contracting on behalf of Owner appropriate professional services when required; (5) negotiating all contracts; (6) monitoring the construction schedule and the quality of workmanship (without liability for latent or patent defects); (7) obtaining or causing to be obtained all necessary governmental permits and approvals; (8) obtaining Tenants’ written approval of construction documents for Tenant improvements; (9) coordinating and directing pre-bid conferences with contractors; (10) establishing or causing to be established a project time schedule; (11) administering and coordinating job site construction meetings as necessary to ensure the timely flow of information between Tenants, space planners and contractors; (12) coordinating labor and material suppliers; (13) managing the change order process, including providing for the payment of any requested change as set forth in any Lease; (14) obtaining and reviewing all necessary lien waivers and releases; (15) reviewing all payment requests pursuant to the contract documents; (16) inspecting the Construction Work; (17) assisting contractors in obtaining notices of completion, certificates of occupancy, or equivalent documents; (18) conducting final walk through with Tenants, space planners and contractors; (19) obtaining Tenants’ written acceptance and acknowledgment of the substantial completion date of the Construction Work, as the case may be; (20) assisting in the preparation of a final punch list which itemizes all work which must be completed or requiring repair or adjustment, and representing Owner during the final inspection of the completed Construction Work; and (21) obtaining from contractors, sub-contractors, material suppliers or other consultants all reasonably available guarantees, instructions, equipment manuals, warranties and all other pertinent documents relating to the Construction Work. (viii) Manager shall use diligent, commercially reasonable and good-faith efforts to (1) ensure that relations between all Tenants in each Property and Owner during any period of construction in any Property are as good as is possible under the circumstances, and (2) settle any labor disputes which may arise during any period of construction, subject to Section 4.2(a). (ix) For the avoidance of doubt, any and all contracts entered into pursuant to this Section 4.2(e) shall be subject to the requirements set forth in Section 4.2(c) above. (x) Owner acknowledges that Manager shall have no responsibility for the actual design and/or performance of Construction Work, and that all liability for the actual performance of such services in accordance with the requirements of the Contracts shall be borne by the third-party service providers pursuant to such Contracts with Owner, except to the extent of Manager’s fraud, bad faith, gross negligence or willful misconduct. (xi) The Parties shall meet on a monthly basis (unless the Parties otherwise mutually agree) with all appropriate personnel (including asset managers) to assess and review the status and performance of Construction Work.
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Samples: Property Management Agreement (Aimco OP L.P.), Property Management Agreement (Aimco OP L.P.), Property Management Agreement (Aimco OP L.P.)
Supervision of Construction. (i) Subject to (and without interfering with) the terms of the MLA and the Master Lease, Manager shall use commercially reasonable efforts to manage, supervise, oversee and facilitate all repairs, construction, maintenance, replacements, substitutions, improvements, additions and alterations, including, without limitation, Tenant improvements at the Properties, contemplated by the Approved Annual Business Plan and Budget (collectively, “Construction Work”).
(ii) Manager shall publish and distribute work rules for each Property and ensure compliance with such work rules from all contractors, sub-contractors, engineers and people engaged in working on any Property for the benefit of Tenant comfort and non-disturbance and building protection and security without any additional fee or compensation.
(iii) If the cost of any Construction Work is not contemplated by the Approved Annual Business Plan and Budget, Manager shall promptly notify Owner to that effect, which notice shall include a preliminary budget and a detailed description of the scope of the construction management services required to be performed with respect to such Construction Work, and Manager shall not expend any such funds unless the same are approved by Owner.
(iv) Manager shall perform the construction management services with respect to any Construction Work subject to the Approved Annual Business Plan and Budget and Owner’s direction. Manager shall represent Owner in connection with any architectural renovation, asbestos abatement and life safety/operating system alterations to any Property and any action or process in order to cause any Property to abide by the Legal Requirements.
(v) Manager shall cause any and all necessary permits and approvals for any Construction Work to be obtained and to be in full force and effect for as long as is required by Legal Requirements.
(vi) Manager shall ensure that all appropriate insurance for any Construction Work has been obtained and is in effect and shall oversee the administration of all applicable construction contracts.
(vii) Subject to subsection (iv) above, Manager’s responsibilities in performing the construction management services it is engaged to perform shall include, without limitation: (1) analyzing plans and specifications and suggesting revisions thereof; (2) suggesting contractors and supervising construction; (3) coordinating, when appropriate, with Owner, Tenants, architects, engineers, contractors and other consultants to prepare and finalize construction plans; (4) identifying and, in accordance with the terms of Section 4.2(c), contracting on behalf of Owner appropriate professional services when required; (5) negotiating all contracts; (6) monitoring the construction schedule and the quality of workmanship (without liability for latent or patent defects); (7) obtaining or causing to be obtained all necessary governmental permits and approvals; (8) obtaining Tenants’ written approval of construction documents for Tenant improvements; (9) coordinating and directing pre-bid conferences with contractors; (10) establishing or causing to be established a project time schedule; (11) administering and coordinating job site construction meetings as necessary to ensure the timely flow of information between Tenants, space planners and contractors; (12) coordinating labor and material suppliers; (13) managing the change order process, including providing for the payment of any requested change as set forth in any Lease; (14) obtaining and reviewing all necessary lien waivers and releases; (15) reviewing all payment requests pursuant to the contract documents; (16) inspecting the Construction Work; (17) assisting contractors in obtaining notices of completion, certificates of occupancy, or equivalent documents; (18) conducting final walk through with Tenants, space planners and contractors; (19) obtaining Tenants’ written acceptance and acknowledgment of the substantial completion date of the Construction Work, as the case may be; (20) assisting in the preparation of a final punch list which itemizes all work which must be completed or requiring repair or adjustment, and representing Owner during the final inspection of the completed Construction Work; and (21) obtaining from contractors, sub-contractors, material suppliers or other consultants all reasonably available guarantees, instructions, equipment manuals, warranties and all other pertinent documents relating to the Construction Work.
(viii) Manager shall use diligent, commercially reasonable and good-faith efforts to (1) ensure that relations between all Tenants in each Property and Owner during any period of construction in any Property are as good as is possible under the circumstances, and (2) settle any labor disputes which may arise during any period of construction, subject to Section 4.2(a).
(ix) For the avoidance of doubt, any and all contracts entered into pursuant to this Section 4.2(e) shall be subject to the requirements set forth in Section 4.2(c) above.
(x) Owner acknowledges that Manager shall have no responsibility for the actual design and/or performance of Construction Work, and that all liability for the actual performance of such services in accordance with the requirements of the Contracts shall be borne by the third-party service providers pursuant to such Contracts with Owner, except to the extent of Manager’s fraud, bad faith, gross negligence or willful misconduct.
(xi) The Parties shall meet on a monthly basis (unless the Parties otherwise mutually agree) with all appropriate personnel (including asset managers) to assess and review the status and performance of Construction Work.
(xii) Notwithstanding anything to the contrary contained herein, Owner and Manager (A) acknowledge that in connection with the MLA and the Master Lease, Owner and/or its Affiliates may be performing certain development and/or redevelopment work at the Properties, (B) agree that any such work will take precedence over (and be done before) any construction work to be done by Manager hereunder and (C) agree that Manager’s duties hereunder shall at all times be limited to those duties that do not interfere with such development and/or redevelopment work being done by Owner and/or its Affiliates, if any.
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Supervision of Construction. (i) Subject to (and without interfering with) the terms of the MLA and the Master Lease, Manager shall use commercially reasonable efforts to manage, supervise, oversee and facilitate all repairs, construction, maintenance, replacements, substitutions, improvements, additions and alterations, including, without limitation, Tenant improvements at the Properties, contemplated by the Approved Annual Business Plan and Budget (collectively, “Construction Work”).
(ii) Manager shall publish and distribute work rules for each Property and ensure compliance with such work rules from all contractors, sub-contractors, engineers and people engaged in working on any Property for the benefit of Tenant comfort and non-disturbance and building protection and security without any additional fee or compensation.
(iii) If the cost of any Construction Work is not contemplated by the Approved Annual Business Plan and Budget, Manager shall promptly notify Owner to that effect, which notice shall include a preliminary budget and a detailed description of the scope of the construction management services required to be performed with respect to such Construction Work, and Manager shall not expend any such funds unless the same are approved by Owner.
(iv) Manager shall perform the construction management services with respect to any Construction Work subject to the Approved Annual Business Plan and Budget and Owner’s direction. Manager shall represent Owner in connection with any architectural renovation, asbestos abatement and life safety/operating system alterations to any Property and any action or process in order to cause any Property to abide by the Legal Requirements.
(v) Manager shall cause any and all necessary permits and approvals for any Construction Work to be obtained and to be in full force and effect for as long as is required by Legal Requirements.
(vi) Manager shall ensure that all appropriate insurance for any Construction Work has been obtained and is in effect and shall oversee the administration of all applicable construction contracts.
(vii) Subject to subsection (iv) above, Manager’s responsibilities in performing the construction management services it is engaged to perform shall include, without limitation: (1) analyzing plans and specifications and suggesting revisions thereof; (2) suggesting contractors and supervising construction; (3) coordinating, when appropriate, with Owner, Tenants, architects, engineers, contractors and other consultants to prepare and finalize construction plans; (4) identifying and, in accordance with the terms of Section 4.2(c), contracting on behalf of Owner appropriate professional services when required; (5) negotiating all contracts; (6) monitoring the construction schedule and the quality of workmanship (without liability for latent or patent defects); (7) obtaining or causing to be obtained all necessary governmental permits and approvals; (8) obtaining Tenants’ written approval of construction documents for Tenant improvements; (9) coordinating and directing pre-bid conferences with contractors; (10) establishing or causing to be established a project time schedule; (11) administering and coordinating job site construction meetings as necessary to ensure the timely flow of information between Tenants, space planners and contractors; (12) coordinating labor and material suppliers; (13) managing the change order process, including providing for the payment of any requested change as set forth in any Lease; (14) obtaining and reviewing all necessary lien waivers and releases; (15) reviewing all payment requests pursuant to the contract documents; (16) inspecting the Construction Work; (17) assisting contractors in obtaining notices of completion, certificates of occupancy, or equivalent documents; (18) conducting final walk through with Tenants, space planners and contractors; (19) obtaining Tenants’ written acceptance and acknowledgment of the substantial completion date of the Construction Work, as the case may be; (20) assisting in the preparation of a final punch list which itemizes all work which must be completed or requiring repair or adjustment, and representing Owner during the final inspection of the completed Construction Work; and (21) obtaining from contractors, sub-contractors, material suppliers or other consultants all reasonably available guarantees, instructions, equipment manuals, warranties and all other pertinent documents relating to the Construction Work.
(viii) Manager shall use diligent, commercially reasonable and good-faith efforts to (1) ensure that relations between all Tenants in each Property and Owner during any period of construction in any Property are as good as is possible under the circumstances, and (2) settle any labor disputes which may arise during any period of construction, subject to Section 4.2(a).
(ix) For the avoidance of doubt, any and all contracts entered into pursuant to this Section 4.2(e) shall be subject to the requirements set forth in Section 4.2(c) above.
(x) Owner acknowledges that Manager shall have no responsibility for the actual design and/or performance of Construction Work, and that all liability for the actual performance of such services in accordance with the requirements of the Contracts shall be borne by the third-party service providers pursuant to such Contracts with Owner, except to the extent of Manager’s fraud, bad faith, gross negligence or willful misconduct.
(xi) The Parties shall meet on a monthly basis (unless the Parties otherwise mutually agree) with all appropriate personnel (including asset managers) to assess and review the status and performance of Construction Work.;
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Supervision of Construction. (i) Property Manager shall use commercially reasonable efforts to manage, supervise, will supervise and oversee and facilitate all ordinary repairs, construction, maintenance, replacements, substitutions, improvements, additions and alterations, including, without limitation, Tenant tenant improvements at the Properties, contemplated by the Approved Annual Business Plan and Budget (collectively, “Construction Ordinary Work”).
(ii) . Property Manager shall publish and distribute work rules for each Property and use commercially reasonable efforts to ensure compliance with such work rules from that all contractors, sub-contractorssubcontractors, engineers and people engaged in working on any Property for performing Ordinary Work minimize the benefit disturbance to tenants and protect the security of Tenant comfort and non-disturbance and the building protection and security without any additional fee or compensation.
compensation as set forth in the Annual Documents (iii) If as hereinafter defined). In addition to the cost of any Construction Work is not contemplated by foregoing, at Owner’s request and within the Approved Annual Business Plan and Budget, Manager shall promptly notify Owner to that effect, which notice shall include a preliminary budget and a detailed description of the scope of the construction management services required to be performed with respect to such Construction Work, and Manager shall not expend any such funds unless the same are approved guidelines set forth by Owner.
(iv) , Property Manager shall perform the construction management services with respect to any Construction Work subject to the Approved Annual Business Plan and Budget and Owner’s direction. Manager shall will represent Owner in connection with any architectural renovation, asbestos abatement and life safety/operating system alterations to any the Property. Property and any action or process in order to cause any Property to abide by the Legal Requirements.
(v) Manager shall cause confirm that any and all necessary permits and approvals for any Construction Ordinary Work to be shall have been obtained and to be are in full force and effect for as long as is required by Legal Requirements.
(vi) effect. As part of its services hereunder Property Manager shall ensure that all appropriate insurance for any Construction Work has been obtained and is in effect and shall oversee the administration of all the applicable construction contracts.
(vii) Subject to subsection (iv) above, . Property Manager’s responsibilities in performing the construction management services it is engaged to perform shall include, without limitation: (1) analyzing plans and specifications and suggesting revisions thereof; (2) suggesting contractors and supervising construction; (3) coordinating, when appropriate, with Owner, Tenantstenants, architects, engineers, contractors and other consultants to prepare and finalize construction plans; (4) identifying and, in accordance with the terms of Section 4.2(c), and contracting on behalf of Owner appropriate professional services when required; (5) negotiating all contracts; (6) monitoring the construction schedule and the quality of workmanship (without liability for latent or patent defects); (7) obtaining or causing to be obtained all necessary governmental permits and approvals; (8) obtaining Tenantstenants’ written approval of construction documents for Tenant improvementsdocuments; (9) coordinating and directing pre-bid conferences with contractors; (10) establishing or causing to be established a project time schedule; (11) administering and coordinating job site construction meetings as necessary to ensure the timely flow of information between Tenantstenants, space planners and contractors; (12) coordinating labor and material suppliers; (13) managing the change order process, including providing for the payment of any requested change as set forth in any Lease; (14) obtaining and reviewing all necessary lien waivers and releases; (15) reviewing all payment requests pursuant to the contract documents; (16) inspecting the Construction Ordinary Work; (17) assisting contractors in obtaining notices of completion, certificates of occupancy, or equivalent documents; (18) conducting final walk walk-through with Tenantstenants, space planners and contractors; (19) obtaining Tenants’ tenant’s written acceptance and acknowledgment of the substantial completion date of the Construction Ordinary Work, as the case may be; (20) assisting in the preparation of a final punch list which itemizes all work which must be completed or requiring repair or adjustment, and representing Owner during the final inspection of the completed Construction Ordinary Work; and (21) obtaining from contractors, sub-contractorssubcontractors, material suppliers or other consultants all reasonably available guarantees, instructions, equipment manuals, warranties and all other pertinent documents relating to the Construction Ordinary Work.
(viii) , and, at Owner’s option, any or all other duties. Property Manager shall use diligent, commercially reasonable and good-faith best efforts to (1i) ensure that relations between all Tenants tenants in each the Property and Owner during any period of construction in any the Property are as good as is possible under the circumstances, and (2ii) settle any labor disputes which may arise during any period of construction, subject to Section 4.2(a).
(ix) For the avoidance of doubt, any . Any and all contracts entered into pursuant to this Section 4.2(e) shall be subject to the requirements set forth in Section 4.2(c) above (and to Owner’s right to impose, with respect to any given project, more stringent insurance requirements than those set forth in Section 4.2(c)(iv)), and all such contracts shall be signed only by Owner and shall be subject to the competitive bidding requirements set forth in Section 4.2(d) above.
(x) . Owner acknowledges that Property Manager shall have no responsibility for the actual design and/or performance of Construction Ordinary Work, and that all liability for the actual performance of such services in accordance with the requirements of the Contracts shall be borne by the third-third party service providers pursuant to such Contracts with Owner, except to the extent of Property Manager’s fraud, bad faith, gross negligence or willful misconduct.
(xi) The Parties shall meet on a monthly basis (unless the Parties otherwise mutually agree) with all appropriate personnel (including asset managers) to assess and review the status and performance of Construction Work.
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Supervision of Construction. Manager will represent Owner in connection with construction or reconstruction of any alterations or improvements to (i) Manager shall use commercially reasonable efforts to manageon-floor common areas and facilities of the Project, supervise, oversee and facilitate all repairs, construction, maintenance, replacements, substitutions, improvements, additions and alterations, including, without limitation, Tenant improvements at the Properties, contemplated by the Approved Annual Business Plan and Budget (collectively, “Construction Work”).
or (ii) space demised to any tenant under any Lease of all or any part of the Project. Said construction or reconstruction work is referred to herein as “Tenant and Common Area Construction” (which term shall not include or refer to usual and/or minor maintenance or repairs, as opposed to alterations, made to the Project for which Manager shall publish and distribute work rules for each Property and ensure compliance with such work rules from all contractors, sub-contractors, engineers and people engaged in working on any Property for the benefit of Tenant comfort and non-disturbance and building protection and security without any additional fee or compensation.
(iii) If the cost of any Construction Work is not contemplated by the Approved Annual Business Plan and Budgetotherwise obligated under this Agreement). In addition, Manager shall promptly notify Owner to that effect, which notice shall include a preliminary budget and a detailed description of the scope of the construction management services required to be performed with respect to such Construction Work, and Manager shall not expend any such funds unless the same are approved by Owner.
(iv) Manager shall perform the construction management services with respect to any Construction Work subject to the Approved Annual Business Plan and Budget and Owner’s direction. Manager shall will represent Owner in connection with any architectural renovation, asbestos abatement and life safety/operating system alterations to any Property the Project the “Renovation Work “, which term shall not include work which is part of the Tenant and any action or process Common Area Construction. The Renovation Work and the Tenant and Common Area Construction services to be performed by Manager, as more particularly set forth in order this Section 1.3(e), are collectively referred to cause any Property to abide by herein as the Legal Requirements.
(v) “Construction Management Services”. As part of the Construction Management Services, Manager shall cause supervise, oversee, and administer each and every aspect of Tenant and Common Area Construction and/or Renovation Work at the Project. Manager shall also confirm that any and all necessary permits and approvals for any Tenant and Common Area Construction and/or Renovation Work to be obtained and to be in full force and effect for as long as is required by Legal Requirements.
(vi) Manager shall ensure that all appropriate insurance for any Construction Work has have been obtained and is in effect obtained, and shall oversee the administration of all the applicable construction contracts.
(vii) Subject to subsection (iv) above, . Manager’s responsibilities in performing the construction management services it is engaged to perform Construction Management Services shall include, without limitation: (1) analyzing plans and specifications and suggesting revisions thereof; (2) , suggesting contractors and supervising construction; (3) coordinating, when appropriate, with Owner, Tenantstenants, architects, engineers, contractors and other consultants to prepare and finalize construction plans; (4) identifying and, in accordance with the terms of Section 4.2(c), contracting on behalf of Owner hiring appropriate professional services when required; (5) negotiating all contracts; (6) monitoring the construction schedule and the quality of workmanship (without liability for latent or patent defects); (7) obtaining or causing to be obtained all necessary governmental permits and approvals; (8) obtaining Tenantstenants’ written approval of construction documents for Tenant improvementsdocuments; (9) coordinating and directing pre-bid conferences with contractors; (10) establishing or causing to be established a project time schedule; (11) administering and coordinating job site construction meetings as necessary to ensure the timely flow of information between Tenantstenants, space planners and contractors; (12) coordinating labor and material suppliers; (13) maintaining harmonious labor relations; managing the change order process, process including providing for the payment of any requested change as set forth in any Lease; (14) obtaining and reviewing all necessary lien waivers and releases; (15) reviewing all payment requests pursuant to the contract documents; (16) inspecting the Tenant and Common Area Construction Workand/or Renovation Work ; (17) assisting contractors in obtaining notices of completion, certificates of occupancy, or equivalent documents; (18) conducting final walk through walk-throughs with Tenantstenants, space planners and contractors; (19) obtaining Tenants’ tenant’s written acceptance and acknowledgment of the substantial completion date of the Tenant and Common Area Construction Work, as the case may beand/or Renovation Work ; (20) assisting in the preparation of a final punch list which itemizes all work which must needed to be completed or requiring repair or adjustment, and representing Owner during the final inspection of the completed Tenant and Common Area Construction Workand/or Renovation Work ; and (21) obtaining from contractors, sub-contractorssubcontractors, material suppliers or other consultants all reasonably available guarantees, instructions, equipment manuals, warranties and all other pertinent documents relating to the Tenant and Common Area Construction Work.
(viiiand/or Renovation Work ; and, at Owner’s option, any or all other duties set forth on Exhibit 1.3(e) attached hereto. Manager shall use diligent, commercially all reasonable and good-faith efforts to (1i) ensure that relations between all Tenants tenants in each Property the Project and Owner during any period of construction in any Property the Project are as good as is possible under the circumstances, and (2ii) settle any labor disputes which may arise during any period of construction, subject to Section 4.2(a).
(ix) For the avoidance of doubt, any . Any and all contracts entered into pursuant to this Section 4.2(e1.3(e) shall be subject to the requirements set forth in Section 4.2(c1.3(c) above (and to Owner’s right to impose, with respect to any given project, more stringent insurance requirements than those set forth in Section 1.3(c)(iv)) , and all such contracts shall be signed by Manager and shall be subject to the competitive bidding requirements set forth in Section 1.3(d) above.
(x) . Owner acknowledges that Manager shall have no responsibility or liability for the actual design and/or performance of Construction Workthe Renovation Work and the Tenant and Common Area Construction, and that all liability for the actual performance of such services in accordance with the requirements of the Contracts shall be borne by the third-third party service providers pursuant to who have entered into such Contracts with Owner, except to . Owner shall compensate Manager for the extent Construction Management Services in accordance with the terms of Manager’s fraud, bad faith, gross negligence or willful misconductExhibit 7.1 attached hereto.
(xi) The Parties shall meet on a monthly basis (unless the Parties otherwise mutually agree) with all appropriate personnel (including asset managers) to assess and review the status and performance of Construction Work.
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