Defects in Service. OWNER and OWNER’s personnel, contractors and subcontractors shall upon discovery promptly report to PROFESSIONAL any defects or suspected defects in PROFESSIONAL’s work, in order that PROFESSIONAL may take prompt, effective measures which in PROFESSIONAL’s opinion will minimize the consequences of a defect in service. PROFESSIONAL shall not be responsible for additional costs due to any tardiness in reporting defects in service.
Defects in Service. The CLIENT shall promptly report to CDC any defects or suspected defects in CDC’s services of which the Client becomes aware, so that CDC may take measures to minimize the consequences of such a defect. The CLIENT further agrees to impose a similar notification requirement on all contractors in its CLIENT/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Should liability for the defects exist, failure by the CLIENT and the CLIENT’S Contractors or subcontractors to notify CDC shall relieve CDC of the costs to remedy the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered.
Defects in Service. Should you discover what you suspect to be a defect in our work or services, you agree to promptly report that suspicion to us as soon as you become aware of it, so that we can investigate and take measures to correct any such defect and to minimize the consequences of it. You further agree to impose a similar notification requirement on all your contractors, and that they do so with all subcontractors, at any level. The intent is to avoid the potentially higher cost of change orders by identifying and correcting any such defects as early as possible. Therefore, failure by you or your contractors or subcontractors to notify us as required in this section, will limit our cost of remedying any such defects to the sum that remedy would have cost had we been given prompt notification.
Defects in Service. CLIENT and CLIENT's personnel, contractors and subcontractors shall promptly report to IME any defects or suspected defects in IME's work, in order that IME may take prompt, effective measures which in IME's opinion will minimize the consequences of a defect in service.
Defects in Service. The Client shall promptly report to MSG any defects or suspected defects in service. The Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor agreement and shall require all subcontracts at any level to contain a like provision. Failure by the Client and Client’s contractors and subcontractors to notify MSG shall relieve MSG of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. MSG will correct defects, at its own cost, if timely notified by Client. Design Professional as Business Entity: Client acknowledges that MSG is a business entity and agrees that any claim made by the Client arising out of any act or omission of any member, owner, partner, manager, director, officer or employee of the business entity in the execution or performance of the Agreement shall be made solely against the business entity and not against any individual or group of individuals in any capacity. Disease Transmission: MSG shall have no responsibility for the transmission of communicable disease such as COVID-19 or other corona virus (Virus), or exposure of persons to Virus discovered at the premises. MSG cannot prevent Client and/or Client’s Invitees from becoming exposed to, contracting, or spreading Virus while utilizing MSG’s services. It is not possible to prevent against the presence of the disease. Therefore, if Client chooses to utilize MSG’s services, Client may be exposing Client or Client’s Invitees to and/or increasing Client’s and/or Client’s Invitees’ risk of contracting or spreading Virus. Client hereby releases, waives, discharges, and covenants not to sue MSG from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to any pandemic or public health situation, or any Virus related health issue or exposure. Dispute Resolution: In the event of a dispute between MSG and Client arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises. The Client and MSG shall endeavor to resolve claims, disputes and other matters in question during a mee...
Defects in Service. The Client shall promptly report to Alba Architects any suspected defects in services of which the Client becomes aware, so that Alba Architects may take measures to minimize the consequences of the defect. Failure by the Client and the Client’s contractors to notify Alba Architects shall relieve Alba Architects of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. UNAUTHORIZED CHANGES: In the event that the Client consents to, allows, authorizes, or approves of changes to any plans, specifications, or other documents, and Alba Architects does not approve these changes in writing, the Client recognizes that such changes and results thereof are not the responsibility of Alba Architects. Therefore, the Client agrees to release Alba Architects from any liability arising from the construction, use, or result of such changes. DELAYS: Alba Architects is not responsible for delays caused by factors beyond Alba Architects reasonable control. When such delays beyond Alba Architects reasonable control occur, the Client agrees that Alba Architects is not responsible for damages, nor shall Alba Architects be deemed to be in default of this Agreement.
Defects in Service. The Owner shall promptly report to the Architect any known defects or suspected defects in the Architect’s services so that the Architect may take measures to minimize the consequences of such defects. The Owner further agrees to impose a similar notification requirement on all contractors and subcontractors that perform work on the Project. Failure by the Owner and/or the Owner's contractors or subcontractors to notify the Architect of known or suspected defects in the Architect’s services shall relieve the Architect of the responsibility for said defects above the sum that would have been required to remedy said defects when first discovered or suspected.
Defects in Service. The Client shall promptly report to CEI any defects or suspected defects in CEI’s work or services of which the Client becomes aware, so that CEI may take measure to minimize the consequences of such a defect. The Client warrants that he or she will impose a similar notification requirement on all contractors in his or her Client/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the Client, and the Client’s contractors or subcontractors to promptly notify CEI, shall relieve CEI of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given.
Defects in Service. The CLIENT shall promptly report to HWC any defects or suspected defects related to HWC’s work or services of which the CLIENT becomes aware, so that HWC may take measures to minimize the consequences of such a defect. The CLIENT warrants that HWC will impose a similar notification requirement on all contractors under contract to the CLIENT and shall require all subcontracts at any level to contain a like requirement. Failure by the CLIENT, and the CLIENT’s contractors or subcontractors to notify HWC, shall relieve HWC of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given. Specifications of Materials The CLIENT understands and agrees that products or building materials which are permissible under current building codes and ordinances may, at some future date, be banned or limited in use in the construction industry because of presently unknown hazardous characteristics. The CLIENT agrees that if the CLIENT directs HWC to specify any product or material, after HWC has informed the CLIENT that such product or material may not be suitable or may embody characteristics that are suspected of causing or may cause the product or material to be considered a hazardous substance in the future, the CLIENT waives all claims as a result thereof against HWC. The CLIENT further agrees that if any product or material specified for this Project by HWC shall, at any future date be suspected of or discovered to be a health or safety hazard, then the CLIENT shall waive all claims as a result thereof against HWC. In addition, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold HWC harmless from any damage, liability or cost (including reasonable attorney’s fees and defense costs) arising in any way from the specification or use of any products or materials which, at any future date, become known or suspected health or safety hazards, whether unknown to HWC during the term of this Agreement or of which HWC has warned the CLIENT, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of HWC.
