Common use of Construction and Operation Management Clause in Contracts

Construction and Operation Management. Except as otherwise expressly provided herein, the Developer shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project, provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement, and all applicable state and local laws, ordinances and regulations (including without limitation, applicable zoning, subdivision, building and fire codes). The Developer’s discretion, control and authority with respect thereto shall include, without limitation, the following matters: (a) the construction and design of the Project, subject to the express terms and conditions of this Agreement; (b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively, the “Vendors”) on such terms and conditions as the Developer deems appropriate; (c) the negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to Developer; and (d) the preparation of such budgets, cost estimates, financial projections, statements, information, and reports as the Developer deems appropriate.

Construction and Operation Management. Except as otherwise expressly provided herein, the Developer shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to the management, development, redevelopment, construction and operation of the Project, provided that the same shall, in any event, conform to and comply with the terms and conditions of this Agreement, and all applicable state and local laws, ordinances and regulations (including including, without limitation, applicable zoning, subdivision, building and fire codes). The Developer’s discretion, control and authority with respect thereto shall include, without limitation, the following matters: (a) the construction and design of the Project, subject to the express terms and conditions of this Agreement; (b) the selection, approval, hiring and discharge of engineers, architects, contractors, subcontractors, professionals and other third parties (collectively, collectively the “Vendors”) on such terms and conditions as the Developer deems appropriate; (c) the negotiation and execution of contracts, agreements, easements and other documents with third parties, in form and substance satisfactory to Developer; and (d) the preparation of such budgets, cost estimates, financial projections, statements, information, and reports as the Developer deems appropriate.