Common use of Enforcement of Contracts Clause in Contracts

Enforcement of Contracts. Developer agrees, at Developer’s expense, to enforce or cause to be enforced, performance, as applicable, of the provisions of the Construction Contract, the Architectural Contract and all other contracts associated with the development of the Project (collectively, the “Project Contracts”) in a commercially reasonable manner such that all work performed and services provided under each Project Contract will be performed and provided, as the case may be, in accordance with its terms. Notwithstanding the foregoing, Owner shall have the right to enforce each such contract directly, and Developer shall cooperate with Owner in all reasonable respects with respect to such enforcement. To the extent that Developer is the prevailing party in an action to enforce any of the Project Contracts, Developer shall be entitled to recover its reasonable attorneys’ fees and costs from the adverse party under the applicable Project Contact; provided, however, that in the event Owner and Developer jointly incur costs in an action to enforce a Project Contract, Owner and Developer shall share in any recovery from such adverse party under the Project Contact in proportion to their respective expenses incurred in any such enforcement action. Upon the request of Owner from time to time, Developer shall provide or cause to be provided to Owner a list and copies of all Project Contracts. Each of the Construction Contract and the Architectural Contract shall be in form and substance satisfactory to Owner and shall not be amended, modified, supplemented or terminated without the prior written approval of Owner. Each Project Contract shall contain an express provision requiring such Project Contract to be assigned to Owner upon notice from Owner to the contractor or third party under such Project Contract, unless such Project Contract is already in the name of the Owner.