Common use of ARTICLE 2 – Services by Design Professional’s Consultants Clause in Contracts

ARTICLE 2 – Services by Design Professional’s Consultants. 1.2.1 Nothing in this Agreement shall create any contractual relationship between the Owner and the Consultants or Sub-consultants except as specifically noted herein. 1.2.2 The Design Professional is at all times liable for any and all negligent acts of omission or commission of its Consultants relating to or regarding this Agreement or the Project which is the subject of this Agreement. 1.2.3 The employment of, contract with, or use of the services of any other person or firm by the Design Professional, as independent consultant or otherwise, shall be subject to the prior written approval of the Owner. 1.2.4 All of the Design Professional Contracts with the Design Professional Consultants shall be in writing, signed by both parties and shall include the following provision: 1.2.4.1 The Owner shall be recognized as a third-party beneficiary of this Agreement. Should the Owner terminate this Agreement with the Design Professional, the Design Professional shall, upon the Owner’s request, obtain assignment of the Consultant’s agreement(s) with the Design Professional as elected by the Owner. 1.2.4.2 Each of the Design Professional agreements with a Consultant shall specifically provide that the Owner shall only be responsible to the Consultant for those obligations of the Design Professional that accrue subsequent to the Owner’s exercise of its right to take an assignment of such agreement. 1.2.4.2.1 Nothing in the Contract Documents will create a contractual relationship between the Owner and the Consultants unless the Owner elects to accept contingent assignment of the agreement as provided herein. 1.2.4.2.2 In this event, the Consultants shall resolve all disputes involving the Owner in the same manner as provided to the Design Professional in Part 5 Article 6. 1.2.5 Design Professional shall not change any Consultant without prior approval by the Owner. 1.2.6 All Owner communication and direction will be to the Design Professional. The Owner will not provide direction directly to the Design Professional’s Consultants. 1.2.7 The Design Professional, not later than five (5) calendar days after the fully executed date of this Agreement, shall re-submit RFQ Attachment B, a finalized list of contact information for Consultants and sub-consultants. For continuing contracts, with each ATP the Design Professional shall update this listing within 10 calendar days of the ATP date.