Common use of Management and Implementation Clause in Contracts

Management and Implementation. (a) NEW ADB shall appoint a Project Manager who shall be responsible for the implementation, management and enforcement of the technical aspects of this Agreement on behalf of NEW ADB, including working with the other Parties to mutually develop a Project Charter and a Design Document, to prepare Progress/Open Issues reports and to achieve first-line resolution of disputes between the Parties regarding the performance or non-performance of their technical obligations under this Agreement. The Project Manager shall be responsible for attending all Project Review Committee meetings and Development Team meetings and shall cooperate with the other Parties' Project Managers in resolving all outstanding issues in a timely manner. Upon such designation, NEW ADB shall concurrently provide the other Parties with details with respect to its Project Manager, including name, work and home address, work and home telephone number, and e-mail address. (b) The Retailer and the Supplier shall each appoint a Project Manager from their respective companies. Upon such designations, each of ▇▇▇.▇▇▇ and THE BRICK shall concurrently provide the other Parties with details with respect to its Project Manager, including name, work and home address, work and home telephone number, and e-mail address. The Project Managers for the Retailer and the Supplier shall each: (i) work with the other Project Managers to develop a Project Charter, participate in Project Review Committee meetings in order to ensure that all Parties shall have the right to rely upon the instructions and decisions made in the Project Review Committee meetings, and shall be available for the first-line resolution of disputes between the Parties regarding the performance or non-performance of their obligations with respect to the technical aspects of their relationship under this Agreement; and (ii) work with the other Project Managers to develop a Design Document, participate in the Development Team meetings, assist NEW ADB's Project Manager in preparing Progress/Open Issues Reports and shall cooperate in resolving all outstanding issues in a timely manner. (c) Each of the Project Managers may, on written notice to the others, delegate his or her responsibilities under this Agreement to one or more individuals and may exercise his or her responsibilities as a member of a committee that includes representatives of the other Parties. (d) Each Party shall be entitled to replace its Project Manager on notice to the other Parties. In the event that any Party replaces its Project Manager it shall be the responsibility of such Party to ensure an orderly transition and to ensure that the replacement does not adversely affect the timely provision of the Services.