Responsibility for Proper Performance. Notwithstanding CMR's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the CMR shall be responsible to the Board for the proper performance of the Work in compliance with the Contract Documents unless the Contract Documents expressly provide to the contrary. Unless caused by the Board or Design Professional, inefficiency, non- performance, improper performance, or other default by any Trade Contractor or Trade Supplier under contract with CMR or employee thereof shall not excuse the CMR from its obligation to assure timely performance in compliance with the Contract Documents.
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Sources: Construction Management at Risk Agreement, Construction Management at Risk Agreement
Responsibility for Proper Performance. Notwithstanding CMR's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the CMR shall be responsible to the Board for the proper performance of the Work in compliance with the Contract Documents unless the Contract Documents expressly provide to the contrary. Unless caused by the Board or Design Professional, inefficiency, non- non-performance, improper performance, or other default by any Trade Contractor or Trade Supplier under contract with CMR or employee thereof shall not excuse the CMR from its obligation to assure timely performance in compliance with the Contract Documents.
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