Consultants Agreements. Each agreement with Consultants at every tier shall provide that the Owner is and shall be a third-party beneficiary of such subcontract, purchase order and similar agreement, and that the Owner shall have the right, but not the obligation, to assert claims directly against Consultants for breach of contract, breach of express warranties, breach of implied warranties, including but not limited to warranties of merchantability and of fitness for a particular purpose, negligence and other claims arising out of or related to the work or the Project. The Owner and Design Professional acknowledge and agree that the purpose of this Section is to enable the Owner, at its discretion, and in addition to the Design Professional, to assert claims for damages and indemnification directly against Consultants that are or may be responsible for breach of the contract, defects in the work, and other damaged incurred by the Owner arising out of or related to the work or the Project.
Appears in 4 contracts
Samples: Design Professional's Agreement, Design Professional's Agreement, Design Professional's Agreement
