TFC Approvals. Any provisions in this Contract to the contrary notwithstanding, all consents and/or approvals by TFC shall be in its sole and absolute discretion, and must be in writing. 2.2.4.1. No changes to (i) the scope of the Construction Services; or (ii) the Consideration, shall be valid or enforceable unless evidenced by a fully executed written amendment to this Contract. 2.2.4.2. To the extent that TFC approval is required to authorize incurring any costs, such approval must be acquired prior to incurring any such costs. 2.2.4.3. Contractor is not authorized to commence providing any Construction Services to TFC or any Using Agency with respect to the Project unless and until an appropriate Notice to Proceed is delivered by TFC. 2.2.4.4. TFC, including by and through the TFC Project Manager, reserves the right, if deemed appropriate by TFC in its sole discretion, to extend any of the deadlines set out in this Contract. 2.2.4.5. TFC hereby reserves the right, if deemed appropriate by TFC in its sole discretion, to conduct reviews of inspections during the course of design and construction of the Project. However, Contractor shall not be relieved of any of its obligations arising pursuant to this Contract. 2.2.4.6. No inspections of the Project conducted by TFC or A/E during the course of construction, either singularly or in the aggregate, shall reduce the level or extent of Contractor’s responsibilities arising pursuant to this Contract. Neither the approval and/or final acceptance of the Project or any Deliverables, the payment of any Pay Application, or the issuance of any Certificates of Final or Substantial Completion by TFC shall constitute, nor be deemed, a release of Contractor’s obligation to perform and timely deliver the Construction Services in a manner consistent with (i) that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances; and (ii) as required by the Contract Documents.
Appears in 3 contracts
Sources: Construction Services Contract, Construction Services Contract, Construction Services Contract
TFC Approvals. Any provisions in this Contract to the contrary notwithstanding, all consents and/or approvals by TFC shall be in its sole and absolute discretion, and must be in writing.
2.2.4.12.1.4.1. No changes to (i) the scope of the Construction Services; Management Services or (ii) the Consideration, shall be valid or enforceable unless evidenced by a fully executed written amendment to this Contract.
2.2.4.22.1.4.2. To the extent that TFC approval is required to authorize incurring any costs, such approval must be acquired prior to incurring any such costs. The parties shall exercise good faith efforts to identify all such costs prior to execution of the GMP Acceptance.
2.2.4.32.1.4.3. Contractor CMR is not authorized to commence providing any Construction Management Services to TFC or any Using Agency with respect to the Project unless and until an the appropriate Notice to Proceed NTP is delivered by TFC.
2.2.4.42.1.4.4. TFC, including by and through the TFC Project Manager, reserves the right, if deemed appropriate by TFC in its sole discretion, to extend any of the deadlines set out in this Contract.
2.2.4.52.1.4.5. TFC hereby reserves the right, if deemed appropriate by TFC in its sole discretion, to conduct reviews of inspections during the course of design and construction of the Project. However, Contractor CMR shall not be relieved of any of its obligations arising pursuant to this Contract.
2.2.4.62.1.4.6. No inspections of the Project conducted by TFC or A/E during the course of construction, either singularly or in the aggregate, shall reduce the level or extent of ContractorCMR’s responsibilities arising pursuant to this Contract. Neither the approval and/or final acceptance of the Project or any Deliverables, the payment of any Pay Applicationpay application, or the issuance of any Certificates of Final or Substantial Completion by TFC shall constitute, nor be deemed, a release of ContractorCMR’s obligation to perform and timely deliver the Construction Management Services in a manner consistent with with: (i) that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances; and (ii) as required by the Contract Documents.
Appears in 3 contracts
Sources: Construction Manager at Risk Contract, Construction Manager at Risk Contract, Construction Manager at Risk Contract