The Owner and the. Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements.
The Owner and the. Construction Manager shall agree upon a mutually acceptable procedure for review and approval of
The Owner and the. Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.
The Owner and the. Construction Manager shall agree upon a mutually acceptable pro u approval of payments and retainage to Subcontractors.
The Owner and the. Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Upon Substantial Completion as defined by Xxxx. Stat. § 541.051, subd. 1(a), all retainages and other amounts due to XXXX shall be paid to XXXX in full less one hundred fifty percent (150%) of the reasonable estimated costs of any incomplete Work and unsettled Claims. Such withheld amount shall be paid to XXXX monthly as such incomplete Work is completed and Claims are settled in accordance with Minnesota law.
The Owner and the. Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.
The Owner and the. Construction Manager shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2
The Owner and the. Construction Manager shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the GMP or the Date of Substantial Completion or Date of Final Completion arising out of a Construction Change Directive. If the parties can not otherwise reach agreement, the cost will be determined in accordance with Subparagraph 9.
3.1. If there is a dispute as to the cost to the Owner, the Parties reserve their rights as to the disputed amount or amounts, subject to the requirements of ARTICLE 13.
The Owner and the. Construction Manager, respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement, and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Construction Manager shall not assign, sublet or transfer any interest in this Agreement without the written consent of the Owner.
