Common use of Client’s Responsibilities Clause in Contracts

Client’s Responsibilities. 2.1 CLIENT shall provide all previous documents relating to the Project, all criteria and full information as to CLIENT's requirements for the Project and shall designate a person with the authority to act on CLIENT's behalf on all aspects of the Project. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of any defect in the work or any error or omission in the services provided by CONSULTANT. 2.2 CLIENT shall also be responsible for the following and pay all costs incident thereto: 1. Provide such legal, accounting and other counseling services as may be required for the project. 2. Obtain and pay all costs incidental to obtaining permits from governmental authorities having jurisdiction over the Project. 3. Obtain and furnish approvals from governmental authorities having jurisdiction over the Project. 4. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project may be required for a variety of reasons during the design, permitting and construction phases of the Project. As a result, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates for construction, commissioning, engineering, permitting, planning, and surveying. The CLIENT agrees to set aside sufficient funds as a contingency reserve to be used, as required, to cover any such increased Project costs. 2.4 CLIENT agrees to provide to CONSULTANT all available information necessary to perform CONSULTANT’S services under this Agreement. The CLIENT shall furnish, at CLIENT’S expense, all information, requirements, reports, data, surveys, and instructions required. CONSULTANT is entitled to rely on the accuracy and completeness of all such information provided. 2.5 CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT to perform necessary field measurements or studies.

Appears in 2 contracts

Samples: Standard Agreement, Standard Agreement

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Client’s Responsibilities. 2.1 A. To permit XXXXXXX to perform the services required hereunder, the CLIENT shall provide supply, in proper time and sequence, the following at no expense to XXXXXXX: 1. Provide all previous documents relating program, budget, or other necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing, a person to act as CLIENT’s representative with respect to the Projectservices to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define CLIENT’s policies with respect to XXXXXXX’x services. 3. Furnish, as required for performance of XXXXXXX’x services (except to the extent provided otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probes and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all criteria of the foregoing; environmental assessment and full information impact statements; property, boundary easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Letter Agreement or any Exhibits attached hereto. 4. Provide access to, and make all provisions for XXXXXXX to enter upon publicly or privately owned property as required to CLIENT's requirements for perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and shall designate a person with the authority to act on CLIENT's behalf on all aspects such approvals and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by XXXXXXX, obtain advice of an attorney, insurance counselor or others as CLIENT shall give deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of XXXXXXX. 7. Give prompt written notice to CONSULTANT XXXXXXX whenever CLIENT observes or otherwise becomes aware of any development that affects the scope of timing of XXXXXXX’x services or any defect in the work of Construction Contractor(s), Consultants or any error or omission XXXXXXX. 8. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos and/or pollution in the Project and to xxxxx and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, “pollution” and “pollutant” shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous or toxic waste means any substance, waste pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. If XXXXXXX encounters, or reasonably suspects that it has encountered, asbestos or pollution in the Project, XXXXXXX shall cease activity on the Project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Letter Agreement, the services to be provided by CONSULTANTXXXXXXX do not include identification of asbestos or pollution, and XXXXXXX has no duty to identify or attempt to identify the same within the area of the Project. With respect to the foregoing, CLIENT acknowledges and agrees that XXXXXXX is not a user, handler, generator, operator, treater, xxxxxx, transporter or disposer of asbestos or pollution which may be encountered by XXXXXXX on the Project. It is further understood and agreed that services XXXXXXX will undertake for CLIENT may be uninsurable obligations involving the presence or potential presence of asbestos or pollution. Therefore, CLIENT agrees, except (1) such liability as may arise out of XXXXXXX’x sole negligence in the performance of services under this Agreement or (2) to the extent of insurance coverage available for the claim, to hold harmless, indemnify and defend XXXXXXX and XXXXXXX’x officers, subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages, liability and costs, including, but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos or pollution. This indemnification is intended to apply only to existing conditions and not to conditions caused or created by XXXXXXX. This indemnification shall survive the termination of this Agreement. 2.2 CLIENT shall also be responsible for the following and pay all costs incident thereto: 19. Provide such legalaccounting, accounting independent cost estimating and other insurance counseling services as may be required for the projectProject, such legal services as CLIENT may require or XXXXXXX may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 210. Obtain Provide “record” drawings and pay specifications for all costs incidental existing physical features, structures, equipment, utilities, or facilities which are pertinent to obtaining permits from governmental authorities having jurisdiction over the Project, to the extent available. 311. Obtain and furnish approvals from governmental authorities having jurisdiction over Provide other services, materials, or data as may be set forth in the ProjectLetter Agreement or any Exhibits attached hereto. 4X. XXXXXXX may use any CLIENT provided information in performing its services. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project may XXXXXXX shall be required for a variety of reasons during the design, permitting and construction phases of the Project. As a result, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates for construction, commissioning, engineering, permitting, planning, and surveying. The CLIENT agrees to set aside sufficient funds as a contingency reserve to be used, as required, to cover any such increased Project costs. 2.4 CLIENT agrees to provide to CONSULTANT all available information necessary to perform CONSULTANT’S services under this Agreement. The CLIENT shall furnish, at CLIENT’S expense, all information, requirements, reports, data, surveys, and instructions required. CONSULTANT is entitled to rely on the accuracy and completeness of all such information providedfurnished by the CLIENT. If XXXXXXX finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, XXXXXXX shall endeavor to notify the CLIENT. However, XXXXXXX shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by CLIENT. 2.5 CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT to perform necessary field measurements or studies.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

Client’s Responsibilities. 2.1 CLIENT 3.1 The Client acknowledges that the performance by Accord of its obligations hereunder is dependent on the Client carrying out its responsibilities as set out in this Agreement, including, without limitation, those responsibilities set out in the proposal and/or project initiation document, and as otherwise agreed between the parties. The Client shall carry out all such responsibilities in a timely manner. 3.2 Should the Client fail to perform any of its obligations under this Agreement or should any of the Assumptions fail to be valid and accurate, then Accord shall not be responsible for any delay, cost increase or other consequences due to such failure, and the Client shall reimburse Accord for any costs or expenses incurred due to such failure, including but not limited to payment at Accord's standard professional fee billing rates for the personnel that must be kept available during any delay caused by the Client's failure to perform its obligations. Any date that is affected by such failure(s) shall be extended by an amount of time equal to the length of such failure plus an additional period of time that is reasonable under the circumstances to address such delay. 3.3 The Client shall provide Accord and Accord’s staff with all previous documents office and other accommodation, facilities and support at the Client’s premises that Accord may reasonably require to perform the Services. 3.4 The Client shall ensure access for Accord’s staff to the Client’s premises where the Services are to be provided from 08:00 to 18:00 Monday to Friday plus any additional days and times required for the completion of the project. 3.5 The Client shall be responsible for ensuring that the Client has appropriate back-up, security and virus-checking procedures in place for any computer facilities that the Client provides. Accord agrees to comply with the Client’s reasonable virus-checking procedures relating to such facilities which the ProjectClient notifies to Accord in advance in writing. 3.6 The Client agrees to promptly provide all information and materials reasonably required to enable Accord to provide the Services. Accord shall not be liable for any loss or damage arising from reliance on any information or materials supplied by the Client or for any inaccuracy or other defect in any information or materials supplied by the Client. 3.7 The Client shall obtain all licences, all criteria rights and full information as permissions necessary for Accord to CLIENT's requirements access, use and modify the software, hardware, data and other materials that the Client may provide or make available to Accord for use for the Project and shall designate a person with the authority to act on CLIENT's behalf on all aspects of the Project. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of any defect Services. 3.8 Unless specifically set out in the work or any error or omission in proposal and/or project initiation document, the services provided by CONSULTANT. 2.2 CLIENT Client shall also be responsible for the following management of any third parties it uses in relation to the Project (including, without limitation, those providing technical infrastructure), including but not limited to where the Client employs other suppliers whose work may affect Accord’s ability to perform the Services, and pay all costs incident thereto: 1. Provide such legal, accounting and other counseling services as may the Client shall be required responsible for the projectquality of their input and work. 2. Obtain and pay all costs incidental to obtaining permits from governmental authorities having jurisdiction over the Project. 3. Obtain and furnish approvals from governmental authorities having jurisdiction over the Project. 4. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project may be required for a variety of reasons during the design, permitting and construction phases of the Project. As a result, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates for construction, commissioning, engineering, permitting, planning, and surveying. The CLIENT agrees to set aside sufficient funds as a contingency reserve to be used, as required, to cover any such increased Project costs. 2.4 CLIENT agrees to provide to CONSULTANT all available information necessary to perform CONSULTANT’S services under this Agreement. The CLIENT shall furnish, at CLIENT’S expense, all information, requirements, reports, data, surveys, and instructions required. CONSULTANT is entitled to rely on the accuracy and completeness of all such information provided. 2.5 CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT to perform necessary field measurements or studies.

Appears in 1 contract

Samples: Standard Terms & Conditions

Client’s Responsibilities. 2.1 The CLIENT shall, as required: A. Guarantee full and free access to ENGINEER to enter upon all public and private property required for the performance of ENGINEER'S services under this Agreement. B. Assist ENGINEER by placing at ENGINEER'S disposal all available information pertinent to a project including CLIENT maps and plats, previous reports, drawings, specifications and any other data relative to the design or construction of the project. C. Furnish to ENGINEER property and land use data pertaining to a project available to the CLIENT including, but not limited to, property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restrictions; and other related data. D. Provide legal, insurance and financial consulting services necessary for each individual project, and such accounting and auditing services as the CLIENT may require. E. Furnish permits and approvals from all governmental authorities having jurisdiction over each project and from others as may be necessary for project completion. F. Furnish above record information, property and land use data, and services at CLIENT'S expense in such manner that ENGINEER may rely upon them in the performance of services under this Agreement. G. Designate in writing a person to act as CLIENT'S representative with respect to the services to be performed under this Agreement. Such person shall provide have complete authority to transmit instructions, receive information, interpret and define CLIENT’S policies and decisions with respect to materials, equipment, elements and systems pertinent to ENGINEER'S services. H. Examine all previous studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. Render such decisions in a consolidated form reconciling differing views into an unambiguous single firm response to each matter requiring resolution. I. Provide ENGINEER with prompt written notice of any defect or suspected defect in ENGINEER'S performance of any services rendered pursuant to this Agreement or relating to the Project, all criteria and full information as to CLIENT's requirements for the Project and shall designate a person with the authority to act on CLIENT's behalf on all aspects of the Project. CLIENT shall give project. J. Give prompt written notice to CONSULTANT ENGINEER whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER'S services, or any defect in the work or any error or omission in the services provided by CONSULTANTof construction contractors. 2.2 CLIENT shall also be responsible for the following and pay all costs incident thereto: 1. Provide such legal, accounting and other counseling services as may be required for the project. 2. Obtain and pay all costs incidental to obtaining permits from governmental authorities having jurisdiction over the Project. 3. Obtain and furnish approvals from governmental authorities having jurisdiction over the Project. 4. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project may be required for a variety of reasons during the design, permitting and construction phases of the Project. As a result, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates for construction, commissioning, engineering, permitting, planning, and surveying. The CLIENT agrees to set aside sufficient funds as a contingency reserve to be used, as required, to cover any such increased Project costs. 2.4 CLIENT agrees to provide to CONSULTANT all available information necessary to perform CONSULTANT’S services under this Agreement. The CLIENT shall furnish, at CLIENT’S expense, all information, requirements, reports, data, surveys, and instructions required. CONSULTANT is entitled to rely on the accuracy and completeness of all such information provided. 2.5 CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT to perform necessary field measurements or studies.

Appears in 1 contract

Samples: Professional Services

Client’s Responsibilities. 2.1 CLIENT shall provide all previous documents relating to the Project, all criteria and full information as to CLIENT's requirements for the Project and shall designate a person with the authority to act on CLIENT's behalf on all aspects of the Project. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of any defect in the work or any error or omission in the services provided by CONSULTANT. 2.2 CLIENT shall also be responsible for the following and pay all costs incident thereto: 1. Provide such legal, accounting and other counseling services as may be required for the project. 2. Obtain and pay all costs incidental to obtaining permits from governmental authorities having jurisdiction over the Project. 3. Obtain and furnish approvals from governmental authorities having jurisdiction over the Project. 4. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project may be required for a variety of reasons during the design, permitting and construction phases of the Project. As a result, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates for construction, commissioning, engineering, permitting, planning, and surveying. The CLIENT agrees to set aside sufficient funds as a contingency reserve to be used, as required, to cover any such increased Project costsCosts. The CLIENT also understands and acknowledges that although the CONSULTANT’S design documents shall be prepared within the Standard of Care, the Contractor may require additional information from the CONSULTANT to clarify, correct, supplement, and coordinate the design intent shown in the Construction Documents that result in increases in the Project Costs, Construction Costs, or Operational Costs, and that these costs may increase even if the CONSULTANT has complied with the Standard of Care. 2.4 CLIENT agrees to provide to CONSULTANT all available information necessary to perform CONSULTANT’S services under this Agreement. The CLIENT shall furnish, at CLIENT’S expense, all information, requirements, reports, data, surveys, and instructions required. CONSULTANT is entitled to rely on the accuracy and completeness of all such information provided. 2.5 CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT to perform necessary field measurements measurements, studies or studiesother activities as required to provide the CONSULTANT’S services.

Appears in 1 contract

Samples: Standard Agreement

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Client’s Responsibilities. 2.1 The CLIENT shall provide all previous documents relating shallhas provided to STANTEC in writing, the Project, all criteria and full information as to CLIENT's total requirements for the Project and shall designate a person in connection with the authority to act on CLIENT's behalf on all aspects of PROJECT, including the Project. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of any defect in the work or any error or omission in the services provided by CONSULTANT. 2.2 CLIENT shall also be responsible for the following PROJECT budget and pay all costs incident thereto: 1. Provide such legal, accounting and other counseling services as may be required for the project. 2. Obtain and pay all costs incidental to obtaining permits from governmental authorities having jurisdiction over the Project. 3. Obtain and furnish approvals from governmental authorities having jurisdiction over the Project. 4. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project may be required for a variety of reasons during the design, permitting and construction phases of the Project. As a result, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates for construction, commissioning, engineering, permitting, planning, and surveying. The CLIENT agrees to set aside sufficient funds as a contingency reserve to be used, as required, to cover any such increased Project costs. 2.4 CLIENT agrees to provide to CONSULTANT all available information necessary to perform CONSULTANT’S services under this Agreementtime constraints. The CLIENT shall furnish, at CLIENT’S expense, has makede available to STANTEC all information, requirements, reports, data, surveys, and instructions requiredrelevant information or data pertinent to the PROJECT which is required by STANTEC to perform the SERVICES. CONSULTANT is STANTEC shall may be entitled to rely on upon the accuracy and completeness of all information and data furnished by the CLIENT depending on the nature and type provided which may include, including information and data originating with other consultants employed by the CLIENT whether such consultants are engaged at the request of STANTEC or otherwise. Where such information provided. 2.5 or data originates either with the CLIENT or its consultants then STANTEC shall may not be responsible to the CLIENT for the consequences of any error or omission contained therein. When required requested by STANTEC, the CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT may engage specialist consultants directly to perform items of work necessary field measurements to enable STANTEC to carry out the SERVICES. Whether arranged by the CLIENT or studiesSTANTEC, these services shall be deemed to be provided under direct contracts to the CLIENT unless expressly provided otherwise. The CLIENT shall give prompt consideration to all documentation related to the PROJECT prepared by STANTEC and whenever prompt action is necessary shall inform STANTEC of CLIENT’s decisions in such reasonable time so as not to delay the schedule for providing the SERVICES. When applicable, the CLIENT shall arrange and make provision for STANTEC 's entry to the PROJECT site as well as other public and private property as necessary for STANTEC to perform the SERVICES. The CLIENT shall obtain any required approvals, licenses and permits from governmental or other authorities having jurisdiction over the PROJECT so as not to delay STANTEC in the performance of the SERVICES. STANTEC’s RESPONSIBILITIES: STANTEC shall furnish the necessary qualified personnel to provide the SERVICES. STANTEC represents that it has access to the experience and capability necessary to and agrees to perform the SERVICES with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the SERVICES at the time when and the location central United States in which where the SERVICES were are performed. This undertaking does not imply or guarantee a perfect PROJECT and in the event of failure or partial failure of the product or the SERVICES, STANTEC will be liable only for its failure to exercise diligence, reasonable care and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure STANTEC 's performance. There are no other representations or warranties expressed or implied made by STANTEC. In particular, but not by way of limitation, no implied warranty of merchantability or fitness for a particular purpose shall apply to the SERVICES provided by STANTEC nor shall STANTEC shall not warrant or guarantee economic, market or financial conditions, proforma projections, schedules for public agency approvals, or other factors beyond STANTEC’s reasonable control. STANTEC does not warrant the SERVICES to any third party and the CLIENT shall indemnify and hold harmless STANTEC from any demands, claims, suits or actions of third parties arising out of STANTEC’s performance of the SERVICES. In performing the SERVICES under this AGREEMENT, STANTEC shall operate as and have the status of an independent contractor and shall not act as, or be an employee of the CLIENT. The SERVICES performed by STANTEC shall be subject to the inspection and the review of the CLIENT at all times but such inspection and review shall not relieve STANTEC from its responsibility for the proper performance of the SERVICES.

Appears in 1 contract

Samples: Professional Services Agreement

Client’s Responsibilities. 2.1 CLIENT shall provide all previous documents relating shall: 3.1. Designate a person to act as CLIENT’s representative with respect to the Project, services to be rendered under this Agreement. Provide all criteria and full information as to CLIENT's ’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability and any budgetary limitations; all available information pertinent to the Project including previous reports and shall designate a person with the authority other data relative to act on CLIENT's behalf on all aspects design or construction of the Project; and furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. 3.2. CLIENT Furnish to JVA, as required for performance of JVA’s Basic Services, data prepared by or services of others, including without limitation, field control surveys and establish reference points and base lines; core borings, probings and subsurface explorations, soils report, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all the foregoing; (?); property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; all available data describing existing facilities; zoning, deed and other land use restriction; and other special data or consultations not covered above. Client shall give provide drawings to reasonable scale with data sufficient to allow JVA to understand and analyze the project. 3.3. Arrange for access to and make provisions for JVA to enter upon public and private property as required for JVA to perform its services. 3.4. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by XXX, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of JVA. Give prompt written notice to CONSULTANT JVA whenever CLIENT observes or otherwise becomes aware of any defect in development that affects the work scope or any error or omission in the services provided by CONSULTANT.timing of JVA’s services, 2.2 CLIENT shall also be responsible for the following 3.5. Furnish approvals and pay all costs incident thereto: 1. Provide such legal, accounting and other counseling services as may be required for the project. 2. Obtain and pay all costs incidental to obtaining permits from all governmental authorities having jurisdiction over the Project. 3. Obtain Project and furnish such approvals and consents from governmental authorities having jurisdiction over the Project. 4. Pay all costs incident to obtaining bids or proposals from Contractor(s). 5. Pay all permit, review and filing fees required by governmental agencies. 6. In the event that the regulations pertinent to this contract are modified by any governing entity that result in changes to the scope of services, CONSULTANT reserves the right to renegotiate the fee of this agreement. 2.3 The CLIENT and CONSULTANT acknowledge that changes in design and/or construction of the Project others as may be required necessary for a variety of reasons during the design, permitting and construction phases completion of the Project. As a resultProvide all advertisements, unforeseen changes may cause the final costs of the Project to exceed the initial Project cost estimates notices, postings required by law or customary usage including, but not limited to, those required by regulatory or other governmental bodies, solicitations, invitations or advertisements for constructionbid, commissioning, engineering, permitting, planningoffer or proposal, and surveyingadvertisement pursuant to project close out, or notification of potential lienholders or claimants. The CLIENT agrees to set aside sufficient funds Include in any construction contracts entered into as a contingency reserve to be usedpart of this project, as requiredany and all clauses, to cover any such increased Project costs. 2.4 CLIENT agrees to provide to CONSULTANT all available information terms, conditions or provisions necessary to perform CONSULTANT’S services under give this Agreement. The CLIENT shall furnish, at CLIENT’S expense, all information, requirements, reports, data, surveys, Letter Agreement full force and instructions required. CONSULTANT is entitled to rely on the accuracy and completeness of all such information providedeffect. 2.5 CLIENT shall furnish right-of-way entry onto the project site for CONSULTANT to perform necessary field measurements or studies.

Appears in 1 contract

Samples: Letter Agreement for Engineering Services

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