Common use of SERVICES TO BE Clause in Contracts

SERVICES TO BE. PERFORMED BY DEVELOPER Developer will plan, develop, market, construct and sell the lots comprising the Project and perform all necessary services and duties in connection therewith, or cause such services or duties to be rendered and performed by others. The Developer shall cause the Project to be developed, marketed, constructed and sold (i) substantially in accordance with the plans and specifications for the Project approved by Owner (the "Plans and Specifications") and (ii) in substantial compliance with the terms of the development budget ("Full Cost Development Budget") attached hereto as EXHIBIT B except that the expenditures may not vary from the Full Cost Development Budget by more than five percent (5%) for any one line item of the Full Cost Development Budget and the aggregate of all variations from the Cost Development Budget shall not exceed two percent (2%) of the total amount of the Full Cost Development Budget ("Permitted Variances"); PROVIDED, however that all Permitted Variances are approved by Owner prior the expenditures. It is expressly agreed that Developer shall have no right or authority to take any action which is not in substantial compliance with the Plans and Specifications set forth in (i) above or to make any expenditure or take any action which will result in the expenditure of amounts in excess of those set forth in the Full Cost Development Budget, subject to the Permitted Variances, described in (ii) above.