Contractor’s Standard of Care Sample Clauses

Contractor’s Standard of Care. Commission has relied upon the professional ability and training of the Contractor as a material inducement to enter into this Contract. Contractor hereby warrants that all of Contractor’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of Contractor’s work by Commission shall not operate as a waiver or release.

Contractor’s Standard of Care. The Commission has relied upon the professional training of the Contractor as a material inducement to enter into this Agreement. Contractor hereby warrants that all of Contractor’s work will be in accordance with generally accepted and applicable professional policies and standards as well as the requirements of applicable Federal, State and local statutes and deliverables outlined in Attachments A and B. It is understood that acceptance of Contractor’s work by the Commission does not operate as a waiver or release from these statutes. CONTRACTOR PRIMARY CONTACT Contractor will designate one individual to serve as the primary contact and one to serve as the alternate contact, if primary contact is unavailable, on behalf of the Contractor and will notify the Commission of these designees within 15 days after agreement approval. The primary contact shall have the authority to identify, on behalf of the Contractor, other parties able to give or receive information on behalf of this agreement. Contractor shall notify the Commission when the primary contact will be unavailable or out of the office for two weeks or more or if there is any change in either the primary or alternate contact. CONTRACTOR CAPACITY In the performance of this Agreement, Contractor its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the Commission. ASSIGNABILITY Without the prior written consent of the Commission, the Agreement is not assignable by the Contractor. SUBCONTRACTING Contractor agrees not to enter into any subcontracting agreements for work contemplated under this agreement. OWNERSHIP RIGHTS The Commission shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Agreement including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. ATTRIBUTION Contractor shall properly acknowledge the Commission per the requirements stated in the First 5 San Bernardino Attribution Standards. CONFLICT OF INTEREST Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, subcontractors, independent contractors, consultants, professional service representatives, vo...

Contractor’s Standard of Care. ‌‌‌ 5.01 The Contractor shall, in the performance of the Work, comply with the standard of care described herein (the “Standard of Care”). Notwithstanding anything to the contrary contained in this Agreement, Owner and Contractor agree and acknowledge that Owner has entered into this Agreement in reliance on Contractor’s special and unique construction abilities to perform its obligations hereunder. The Contractor accepts that, by this Agreement, a relationship of trust and confidence is hereby established between it and the Owner. Contractor understands the complexity involved in this type of construction and the necessity of coordination of the performance of its Work with the Owner and Architect/Engineer. In addition to the foregoing, and in addition to the rights and remedies otherwise existing under this Agreement, at law or in equity, the Contractor will perform, or cause to be performed, all Work expeditiously, and in no event later than is required to conform to the Construction Schedule and the Project Schedule, and shall do so with that degree of professional skill and care practiced by similar firms, having superior knowledge and skill engaged in providing similar services for projects of comparable value in the United States under the same or similar circumstances. The Contractor will furnish efficient business administration and superintendence and perform the Work in such manner as to provide Owner the best value. Contractor shall employ and exercise the professional judgment of its experienced and qualified construction professionals to provide Owner confidence that the Project will be completed in conformity with the design concepts and construction requirements established by Owner. Contractor shall, at all times, exercise exclusive direction and control, and shall be responsible for proper supervision, of all its personnel, Subcontractors and suppliers while present on the Worksite and otherwise.

Contractor’s Standard of Care. A. The standard of care applicable to Contractor’s services will be the degree of skill and diligence normally employed by professional Contractors performing the same or similar services at the time said services are performed. B. The Contractor shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all reports, plans, specifications and other services furnished by the Contractor under the terms of this Agreement. C. The Contractor shall, without additional compensation, correct or otherwise revise any errors, omissions, or other deficiencies in the reports, plans, specifications and other similar documents/data prepared or furnished by the Contractor. The Contractor shall also be liable for all damages to the County or the State of Washington, caused solely by Contractor’s negligent performance of any of the services furnished under this Agreement. D. Approval by the County of any reports, plans, specifications and incidental consulting work or materials furnished shall not relieve the Contractor of the responsibility for the technical adequacy and accuracy of their work. E. The County’s review, approval or acceptance of, nor payment for, any of the Contractor’s services shall not be construed as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement.

Contractor’s Standard of Care. 1.11.1 The Contractor shall perform the Work in a workmanlike manner, consistent with the standards of skill and care exercised by entities licensed to perform (where required under Applicable Law) and regularly performing comparable work in the same or similar locality under the same or similar circumstances.

Contractor’s Standard of Care. County has relied upon the professional ability and training of the Contractor as a material inducement to enter into this Contract. Contractor hereby warrants that all of Contractor’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release.

Contractor’s Standard of Care. COUNTY has relied upon the professional ability, experience, and credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract. CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR’s work by COUNTY shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the COUNTY.

Contractor’s Standard of Care. A. By execution of this Agreement, the Contractor agrees that: 1. The Contractor is an experienced professional firm having the skill, legal capacity, and professional ability necessary to perform all the Services required under this Agreement to design or administer a project having this scope and complexity; and will perform such Services pursuant to the standard of care set forth in subsections B. through G. of this Section II. 2. The Contractor has the capabilities and resources necessary to perform the obligations of this Agreement. 3. The Contractor either is, or will in a manner consistent with the standard of care set forth in this Agreement, become familiar with all current laws, rules, and regulations which are applicable to the design and construction of the Project, and that all drawings, specifications, and other documents prepared by the Contractor shall be prepared in accordance with its standard of care in an effort to accurately reflect and incorporate all such laws, rules, and regulations. All documents prepared by Contractor pursuant to this Agreement shall accurately reflect, incorporate and comply with all current laws, rules, regulations and ordinances which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Contractor); B. Contractor represents and warrants to Owner that (1) Contractor has the power and authority to enter into and perform this Agreement, (2) when executed and delivered, this Agreement shall be a valid and binding obligation of the Contractor enforceable in accordance with its terms, (3) Contractor shall, at all times during the term of this Agreement be duly licensed to perform the Services, and if there is no licensing requirement for the profession or services, be duly qualified and competent, (4) the Services under this Agreement shall be performed in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions; C. All documents prepared by Contractor pursuant to this Agreement shall accurately reflect, incorporate and comply with current laws, Federal provisions, rules, regulations and ordinances which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the co...

Contractor’s Standard of Care a. CONTRACTOR agrees to perform all Work hereunder in conformity with the standards of the Mass Save Home Energy Services Program as implemented by CSG. b. CONTRACTOR shall comply with the standards set forth in Attachment 4, “Mass Save Home Energy Assessment Standards” and with any and all specifications, manuals, training and product literature supplied from time to time by CSG. The Mass Save Home Energy Assessment Standards are subject to periodic revision by the Utilities; CSG shall inform CONTRACTOR in writing of any changes to these specifications with which the CONTRACTOR must be in compliance during performance of the WORK. c. CONTRACTOR shall comply with the standards set forth in Attachment 5, “Mass Save Program Standard for Materials, Installation and Conduct for Energy Efficiency Measure Installation Contractors” and with any and all specifications, manuals, training and product literature supplied from time to time by CSG. The Mass Save Program Standard for Materials, Installation and Conduct for Energy Efficiency Measure Installation Contractors is subject to periodic revision by the Utilities; CSG shall inform CONTRACTOR in writing of any changes to these specifications with which the CONTRACTOR must be in compliance during performance of the WORK. d. Before performing any Work, CONTRACTOR shall attend up to ten (10) days of training to be provided by CSG (“Initial Training”), which Initial Training shall be attended by a limited number of representatives of the CONTRACTOR who are expected to perform any of CONTRACTOR’s obligations under this Agreement and/or who are responsible for the training and supervision of other employees of the CONTRCTOR. CSG will determine the number of HPC representatives to whom CSG will provide direct training. CONTRACTOR shall not receive compensation for required Initial Training. e. CONTRACTOR shall be responsible for providing comparable training to all of its employees directly involved in performing services under this Agreement and is solely responsible for assuring its staff meets all terms of this Agreement in performance of the WORK. CONTRACTOR shall complete such training of its employees without additional compensation. f. CONTRACTOR shall attend such further training as CSG may schedule with respect to new offerings or programs of the Utilities, without additional compensation. g. CONTRACTOR will follow manufacturers’ instructions where applicable. If CONTRACTOR becomes aware of any inconsistency be...

Contractor’s Standard of Care. The Contractor shall perform its services under this Agreement in accordance with the degree of skill and diligence ordinarily employed by professional consultants performing the same or similar services at the time such services are performed. The Contractor shall without delay correct any problem or deficiency arising out of its failure to meet this standard of care without additional cost to the Owner.