Engagement of Developer Sample Clauses
The 'Engagement of Developer' clause formally establishes the agreement between a client and a developer for the provision of development services. It typically outlines the scope of work, the commencement date, and the general responsibilities of the developer, such as delivering software or technical solutions as specified by the client. This clause ensures both parties are clear on the nature of the engagement and sets the foundation for the working relationship, thereby preventing misunderstandings about the developer’s role and obligations.
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Engagement of Developer. Customer hereby engages Developer, and Developer hereby accepts such engagement, to develop Software and provide Services related thereto as described herein or otherwise requested by Customer from time to time and described in Statements of Work therefor, all on the terms and conditions set forth in this Agreement and such Statements of Work.
Engagement of Developer. Vast hereby engages Developer and authorizes Developer, subject to the terms and conditions hereof, to provide services relating to the management of the planning, financing, and development of the Project as set forth in Exhibit B hereto (the “Services”) utilizing the resources described in Exhibit C (“Development Team Resources”). Developer hereby accepts such engagement and agrees to perform the Services. Developer shall cause the Services to be performed using reasonable skill and care, and shall use reasonable efforts to cause the Project to be completed as soon as reasonably possible in an efficient, timely, orderly and economical manner, consistent with and subject to the terms and conditions of this Agreement.
Engagement of Developer. The Authority retains the Developer to perform all the services described in 5.2, below, in order to deliver the Project.
Engagement of Developer. Owner hereby engages Developer and authorizes Developer, subject to the terms and conditions hereof, to provide services relating to the management of the planning, financing, and development of the Project set forth in Exhibit B hereto (the “Services”). Developer hereby accepts such engagement and agrees to perform the Services. Developer shall cause the Services to be performed using reasonable skill and care, and shall use reasonable efforts to cause the Project to be completed in an efficient, orderly and economical manner, consistent with and subject to the terms and conditions of this Agreement. The Services do not include, and Developer shall have no responsibility for or authority over, control of cash inflows and outflows relating to the Project.
Engagement of Developer. BRI OP hereby engages Developer and Developer hereby accepts such engagement to be BRI OP's exclusive developer/builder in connection with the identification, development and acquisition of multifamily apartment development sites in the Mid-Atlantic Region (i.e. Pennsylvania, Delaware, Maryland, Washington, D.C. and Virginia) of the United States (each a "New Development Site") and the engineering, design and construction of multifamily apartment projects of between 100 and 1,000 units (each a "New Development Project") on the New Development Sites.
1.1. BRI OP agrees, subject to the terms of this Agreement, that its engagement of Developer shall be exclusive for the Term (as hereinafter defined) of this Agreement and that, accordingly, during the Term of this Agreement:
a. if BRI OP, Berkshire or any of its other affiliates is presented by a third party with any site in the Mid-Atlantic Region for the construction of a multifamily apartment project, BRI OP will advise Developer of such opportunity and allow Developer to negotiate for the acquisition of the site as a New Development Site in accordance with this Agreement;
b. except as provided in this Agreement, if BRI OP, Berkshire or any of its other affiliates is or becomes the owner of any New Development Site in the Mid-Atlantic Region for the construction of a Multifamily Apartment Project, BRI OP will engage Developer to design and construct a Multifamily Apartment Project on the New Development Site in accordance with this Agreement; and
c. except as provided in this Agreement, BRI OP will not engage any other person or entity to acquire, develop or construct New Development Sites or New Development Projects in the Mid-Atlantic Region nor will it, on its own behalf, or through Berkshire or any of its other affiliates, acquire, develop or construct New Development Sites or New Development Projects in the Mid-Atlantic Region.
1.2. Developer agrees that its engagement with BRI OP shall be exclusive for the Term of this Agreement and that, accordingly, during the Term of this Agreement:
a. Developer, on its own behalf and on behalf of all of its affiliates (as defined in Section 7.11) shall acquire New Development Sites and construct New Development Projects only in the Mid-Atlantic Region and neither Developer, on its own behalf or on behalf of any other person or entity or of any of its affiliates, shall acquire any New Development Site in any location in the United States (other than the Mid-Atlanti...
Engagement of Developer. Owner hereby engages Developer to act as the developer of the Project to perform the services described below, and Developer hereby accepts such engagement.
Engagement of Developer. Owner hereby engages Developer and authorizes Developer, subject to the terms and conditions hereof, to provide services relating to the management of the planning, financing, and development of the Project set forth in Exhibit A hereto (the "Services") and Exhibit B hereto (the "Training Plan"). Developer hereby accepts such engagement and agrees to perform the Services. Developer shall cause the Services to be performed using reasonable skill and care, and shall use reasonable efforts to cause the Project to be completed in an efficient, orderly and economical manner, consistent with and subject to the terms and conditions of this Agreement. The Services do not include, and Developer shall have no esponsibility for or authority over, control of cash inflows and outflows relati:p-g to the Pro3ect.
Engagement of Developer. Owner hereby engages Developer to perform, or cause others to perform, the development services set forth in this Agreement, including, without limitation, the services described on Exhibit 6 attached hereto and made a part hereof (collectively, the “Services” or the “Work”), subject to and in accordance with the terms and provisions of this Agreement. These Services include the design and construction, under a separate contract or contracts with licensed subcontractors and design professionals, of the six (6) new Wireless Towers, one (1) existing Wireless Tower, four (4) co-locations, and the installation of the Fiber and Microwaves described in this Agreement. Developer hereby accepts its engagement by ▇▇▇▇▇, and agrees to perform the Services for the benefit of and on behalf of Owner, subject to and in accordance with the terms and provisions of this Agreement. Developer agrees to diligently perform its duties, obligations, and Services in a competent manner in accordance with the standards of an experienced and qualified developer, with a scope and quality not less than those generally performed by developers of properties similar in type and quality to the Project and located in the same market area as the Project. In exchange for the Services, Owner agrees to pay Developer the total of the costs identified on the Financial Milestone Tracker attached as Exhibit 3, which is $2,079,922.00. Provided, however, that the following costs are not completely accounted for in the Project Budget but will be billed to Owner at Developer’s cost plus a markup of 10%: (i) payment and performance bonds for the Construction Agreements; and (ii) electrical utility connection fee. The current Project Budget includes the agreed price for the construction of the six (6) new Wireless Towers, one (1) existing Wireless Tower, and four (4) co-locations that are described in Final Proposal. The Wireless Towers in the Amended Proposal are Fork Mountain, Henry, Sontag, Snow Creek, Callaway, and Glade Hill (“ ”) and DRAFT Westlake , of sufficient capacity to support , including the WIS equipment being provided under the Comprehensive Agreement. In addition, Developer will provide WIS equipment on existing towers identified as Grassy Hill, Summit View, ▇▇▇▇▇▇▇ and Tom’s Knob.
Engagement of Developer. Customer hereby engages the services of the Developer / Marketer for the purpose of design, creating and marketing services. This includes but not limited to marketing services related to Social Media in Face Book and Twitter. In addition Developer / Marketer may arrange media related coverage.
Engagement of Developer. Developer hereby agrees to perform all of the programming and other work necessary for provision of the Services to Customer promptly and a high level of quality following and in accordance with the Specifications and Development Schedule for each Project for the Customer.
(a) The Parties acknowledge that ▇▇▇▇▇▇▇▇▇ commences performance of the Services after the date hereof and that this Agreement shall govern all Services performed by Developer in respect of a Project for the Customer.
(b) Developer shall dedicate a separate software engineer to do the development for the Project on the full-time (40h/week) basis and the Customer is responsible to provide the respective amount of work to fully load 40 hours/week with Project tasks for the software engineer. If the Project specification requires so, Developer will provide more than one software engineer or other professional or role necessary to continue the development of the project.
