Common use of Control of Construction Clause in Contracts

Control of Construction. Subject to the express provisions contained herein, it is the intention of this Agreement that Developer shall have sole, complete and absolute authority and discretion to decide any and all issues pertaining to the construction of the Project, including, without limitation, the expenditure of funds, the incurring of costs and all of the other matters referred to herein; so long as the same are in compliance with Approvals, the Final Plans (as defined below) and all applicable laws. It is understood by both parties that on those projects which Netwest brings to CareMatrix, of which Amber Lights is such a project, Netwest will be the lead developer, and on those projects which CareMatrix brings to Netwest, CareMatrix will be lead developer. Both parties will communicate, cooperate and consult with each other throughout the development process. CareMatrix and Netwest agree to use their best efforts to resolve any disputes with respect to decisions as Developer hereunder. Notwithstanding the foregoing, in the event that CareMatrix and Netwest are unable to agree on any matter hereunder after using such best efforts, CareMatrix shall have final authority to decide any and all isues hereunder.

Appears in 1 contract

Sources: Development Agreement (Carematrix Corp)

Control of Construction. Subject to the express provisions contained herein, it is the intention of this Agreement that Developer shall have sole, complete and absolute authority and discretion to decide any and all issues pertaining to the construction of the Project, including, without limitation, the expenditure of funds, the incurring of costs and all of the other matters referred to herein; so long as the same are in compliance with Approvals, the Final Plans (as defined below) and all applicable laws. It is understood by both parties that on those projects which Netwest brings to CareMatrix, of which Amber Lights Amethyst Arbor is such a project, Netwest will be the lead developer, and on those projects which CareMatrix brings to Netwest, CareMatrix will be lead developer. Both parties will communicate, cooperate and consult with each other throughout the development process. CareMatrix and Netwest agree to use their best efforts to resolve any disputes with respect to decisions as Developer Developers hereunder. Notwithstanding Nothwithstanding the foregoing, in the event that CareMatrix and Netwest are unable to agree on any matter hereunder after using such best efforts, CareMatrix shall have final authority to decide any and all isues issues hereunder.

Appears in 1 contract

Sources: Development Agreement (Carematrix Corp)

Control of Construction. Subject to the express provisions contained herein, it is the intention of this Agreement that Developer shall have sole, complete and absolute authority and discretion to decide any and all issues pertaining to the construction of the Project, including, without limitation, the expenditure of funds, the incurring of costs and all of the other matters referred to herein; so long as the same are in compliance with Approvals, the Final Plans (as defined below) and all applicable laws. It is understood by both parties that on those projects which Netwest brings to CareMatrix, of which Amber Lights Amethyst Arbor is such a project, Netwest will be the lead developer, and on those projects which CareMatrix brings to Netwest, CareMatrix will be lead developer. Both parties will communicate, cooperate and consult with each other throughout the development process. CareMatrix and Netwest agree to use their best efforts to resolve any disputes with respect to decisions as Developer Developers hereunder. Notwithstanding the foregoing, in the event that CareMatrix and Netwest are unable to agree on any matter hereunder after using such best efforts, CareMatrix shall have final authority to decide any and all isues issues hereunder.

Appears in 1 contract

Sources: Development Agreement (Standish Care Co)