Compliance with Contract Documents, Reporting Defects and Deficiencies Sample Clauses

Compliance with Contract Documents, Reporting Defects and Deficiencies. Site visits shall require the A/E to examine the Work of the Contractor in progress to assist the DFCM in identifying any lack of compliance with the Construction Documents, defects or deficiencies in the Work and to determine whether the Work is proceeding in a manner such that, when completed, will likely be in accordance with the Construction Documents. Except as may otherwise be provided in Attachment “A”, the A/E’s on-site construction-phase services are (i) not full-time, continuous, or exhaustive; (ii) do not include a duty to discover latent defects in the Work; and (iii) do not constitute a guarantee of the A/E’s Work or relieve the Contractor of its responsibilities. A/E is not responsible for the Contractor’s selected means, methods, or sequences of work. The A/E shall cooperate and assist the DFCM in enforcement of the Construction Documents. The A/E shall promptly report known or obvious defects to the DFCM. This provision does not relieve the Contractor of its responsibility to comply with the Construction documents.
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Compliance with Contract Documents, Reporting Defects and Deficiencies. Site visits shall require the DESIGNER to examine the Work of the Contractor in progress to assist GSD in identifying any lack of compliance with the Construction Documents, defects or deficiencies in the Work and to determine whether the Work is proceeding in a manner such that, when completed, will likely be in accordance with the Construction Documents. Except as may otherwise be provided in Attachment “A”, the DESIGNER’S on-site construction-phase services are i) not full-time, continuous, or exhaustive;
Sample 1
Compliance with Contract Documents, Reporting Defects and Deficiencies. Site visits shall require the DESIGNER to examine the Work of the Contractor in progress to assist GSD in identifying any lack of compliance with the Construction Documents, defects or deficiencies in the Work and to determine whether the Work is proceeding in a manner such that, when completed, will likely be in accordance with the Construction Documents. Except as may otherwise be provided in Attachment “A”, the DESIGNER’S on-site construction-phase services: i) are not full-time, continuous, or exhaustive, ii) do not include a duty to discover latent defects in the Work, iii) do not constitute a guarantee of the DESIGNER’S Work or relieve the Contractor of its responsibilities, and iv) DESIGNER is not responsible for the Contractor’s selected means, methods, or sequences of work. The DESIGNER shall cooperate and assist GSD in enforcement of the Construction Documents. The DESIGNER shall promptly report known or obvious defects to GSD. This provision does not relieve the Contractor of its responsibility to comply with the Construction documents.
Sample 1

Related to Compliance with Contract Documents, Reporting Defects and Deficiencies

  • Compliance with Environmental Laws Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse Change (i) neither the Company nor any of its subsidiaries is in violation of any federal, state, local or foreign law or regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or wildlife, including without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum and petroleum products (collectively, “Materials of Environmental Concern”), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, “Environmental Laws”), which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the operation of the business of the Company or its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in violation of any Environmental Law; (ii) there is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iii) to the best of the Company’s knowledge, there are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that reasonably could result in a violation of any Environmental Law or form the basis of a potential Environmental Claim against the Company or any of its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

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