Common use of NAI's Right to Control and Responsibility for Construction Clause in Contracts

NAI's Right to Control and Responsibility for Construction. Subject to the terms and conditions set forth in this Agreement and in the Improvements Lease, and prior to any termination of this Agreement as provided in subparagraphs 5(D) and 5(E), NAI shall have the sole right to control and the sole responsibility for the design and construction of the Construction Project, including the means, methods, sequences and procedures implemented to accomplish such design and construction. Although title to all Improvements will pass directly to BNPLC (as more particularly provided in Paragraph 7 of the Improvements Lease), BNPLC's obligation with respect to the Construction Project shall be limited to the making of advances under and subject to the conditions set forth in this Agreement and in Paragraph 6 of the Improvements Lease. Without limiting the foregoing, NAI acknowledges and agrees that: (a) Performance of the Work. Except as provided in subparagraphs 5(C) and 5(F), NAI must, using its best skill and judgment and in an expeditious and economical manner not inconsistent with the interests of BNPLC, perform or cause to be performed all work required, and will provide or cause to be provided all supplies and materials

Appears in 1 contract

Sources: Construction Management Agreement (Network Appliance Inc)

NAI's Right to Control and Responsibility for Construction. Subject to the terms and conditions set forth in this Agreement and in the Improvements Lease, and prior to any termination of this Agreement as provided in subparagraphs 5(D) and 5(E), NAI shall have the sole right to control and the sole responsibility for the design and construction of the Construction Project, including the means, methods, sequences and procedures implemented to accomplish such design and construction. Although title to all Improvements will pass directly to BNPLC (as more particularly provided in Paragraph 7 of the Improvements Lease), BNPLC's obligation with respect to the Construction Project shall be limited to the making of advances under and subject to the conditions set forth in this Agreement and in Paragraph 6 of the Improvements Lease. Without limiting the foregoing, NAI acknowledges and agrees that: (a) Performance of the Work. Except as provided in subparagraphs 5(C) and 5(F), ) NAI must, using its best skill and judgment and in an expeditious and economical manner not inconsistent with the interests of BNPLC, perform or cause to be performed all work required, and will provide or cause to be provided all supplies and materials

Appears in 1 contract

Sources: Construction Management Agreement (Network Appliance Inc)