Design Liability Sample Clauses

Design Liability. (a) Notwithstanding any design and specifications supplied by the Government, if the Contractor is required under this Contract to undertake the design of any part of the Works which is a stand alone design as determined by the Government, the Contractor shall ensure that such design is suitable, functional, safe, compatible and integrates with the design and specification of the Works and it shall be undertaken, approved and endorsed by a competent and registered professional. (b) The Contractor shall submit to the S.O. all drawings, specifications, calculations and any other relevant information pertaining to the stand- alone design for approval. No work shall commence without prior written consent of the S.O. (c) The Contractor shall be fully responsible and guarantee the Government that the stand-alone design, integration, execution of the Works, materials and workmanship for the Works or part of the Works are independent of fault, suitable, functional, safe and compatible with the requirements of the Government. (d) The approval of the stand alone design by the S.O pursuant to sub-clause (b) shall not absolve the Contractor from its responsibility under sub-clause (c) and the Contractor shall be liable and shall fully indemnify and keep the Government indemnified for any design defects, damage, inadequacies or insufficiency of such design.
Sample 1
AutoNDA by SimpleDocs
Design Liability. (a) The Developer will not be entitled to make, and the State will not be liable upon, any Claim arising out of or in any way in connection with the State not detecting and notifying the Developer of any errors, omissions or non-compliance with the requirements of this deed in any Design Documentation submitted under clauses 6.3. (b) No review of, approval of or comment upon, or failure to review, approve, or comment upon, any Design Documentation prepared by the Developer will: (i) constitute a direction to carry out a Variation pursuant to clause 18.2, unless it is in a Variation Order and describes the nature of the Variation in accordance with clause 18.2; (ii) relieve the Developer from or alter its Liabilities or obligations, whether under this deed or otherwise according to any Law; or (iii) limit or otherwise affect the State's rights against the Developer, whether under this deed or otherwise according to any Law.
Sample 1
Design Liability. 9.1 In so far as the Sub-Contractor is responsible for the design of the Sub-Contract Works, whether permanent or temporary in nature, the Sub-Contractor warrants that he shall exercise all proper skill and care to be expected of a properly qualified and competent specialist contractor experienced in carrying out work of a similar scope, nature and size to the Sub-Contract Works.
Sample 1
Design Liability. 9.1 In so far as the Sub-Contractor is responsible for the design of the Sub-Contract Works, whether permanent or temporary in nature, the Sub-Contractor warrants that he shall exercise all proper skill and care to be expected of a properly qualified and competent specialist contractor experienced in carrying out work of a similar scope, nature and size to the Sub-Contract Works. 9.2 The Sub-Contractor shall be responsible for all mistakes, inaccuracies, discrepancies, and omissions in all drawings, detail, documents, and information provided by it. Without prejudice to any express or implied warranties or conditions, the Sub-Contractor warrants that the Sub-Contract Works will comply with any performance specification or requirement contained or referred to in this Order.
Sample 1
Design Liability. All liability attaching to the Design (whether pursuant to Legislation, the provisions of this Agreement or otherwise) shall remain with the Company and shall not in any way be affected by: 15.3.1 any element of the Design set out in the Scottish Ministers’ Requirements; 15.3.2 any design carried out at the request of the Scottish Ministers by or on behalf of the Company; or 15.3.3 the agreement to or approval by the Scottish Ministers of any design proposal made by the Company whether before, on or after the Effective Date.
Sample 1
Design Liability. Are there provisions requiring the Contractor to review plans and specifications and to assume responsibility for unreported defects? Are there provisions 1 This Paper generally focuses on the relationships under the General Contract between the Owner/Developer and the Construction Contractor. Most of the concepts and issues also apply to Subcontracts and, to a lesser extent, to the Contract between the Owner/Developer and the Design Professional. shifting the risk of design errors to the Contractor or allowing the design professional to dictate the result when design documents conflict?
Sample 1
Design Liability. Design-Build Entity is solely responsible, notwithstanding the District’s approval of an Approved Deviation, for any Design Deficiencies in such Approved Deviation.
Sample 1
AutoNDA by SimpleDocs
Design Liability. The Contractor shall be solely responsible for the design of the Works and shall undertake the development of an integrated design, supply and construction process for the Works in accordance with this ECA. Based on the drawings and specifications set out in the Works Information, the designs for the Works shall be developed as follows within the periods stated in the Partnering Timetable: the Contractor shall prepare and submit to the Employer and the Core Group outline designs for the Works including such alternative solutions for the integrated design, supply and construction of the Works and any part of it as are required by the Works Information or as are otherwise appropriate; the Contractor shall present for Core Group consideration and Employer approval the designs prepared in accordance with clause 6.3.1 and comparisons between any alternative solutions by reference to the Works Information; following Employer approval, after Core Group Consultation, of outline designs and choice of any alternative solution or solutions pursuant to clause 6.3.1, the Contractor shall develop designs for the Works based on such outline designs and solution or solutions and shall submit these to the Employer and the Core Group, developed to the level of detail stated in the Partnering Timetable and sufficient to comprise the basis for an application for full planning permission for the Works; the Contractor shall obtain the maximum input to design development under clauses 6.3.1 to 6.3.3 from Specialists as is required by the Works Information or as is otherwise appropriate during the course of or after their selection in accordance with clause 7 of this ECA; following Employer approval, after Core Group Consultation, of designs developed pursuant to clause 6.3.3, the Contractor shall submit in the name of the Employer an application for full planning permission for the Works and shall further develop and submit to the Employer and Core Group designs for the Works, in the sequence and to the level of detail stated in the Partnering Timetable, for Employer approval after Core Group Consultation and for the selection of Specialists, the development of the Prices and Activity Schedule and the satisfaction of any planning conditions and other pre-commencement regulatory approvals. The Contractor shall commission or undertake, and shall coordinate and monitor, any Site surveys and investigations stated in Schedule 1 and the Partnering Timetable. The Contractor shall revie...
Sample 1
Design Liability. Under the traditional construction structure, the Owner furnishes the design to the builder (indeed, Owner makes an implied warranty of the adequacy of the plans and specifications). In reviewing a construction contract, consider-- Are there provisions requiring the Contractor to review plans and specifications and to assume responsibility for unreported defects? Are there provisions shifting the risk of design errors to the Contractor or allowing the design professional to dictate the result when design documents conflict?
Sample 1

Related to Design Liability

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

  • Vehicle Liability Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.

  • Maximum Liability The provisions of this Loan Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Loan Guarantor under this Loan Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Loan Guarantor’s liability under this Loan Guaranty, then, notwithstanding any other provision of this Loan Guaranty to the contrary, the amount of such liability shall, without any further action by the Loan Guarantors or the Lenders, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Loan Guarantor’s “Maximum Liability”. This Section with respect to the Maximum Liability of each Loan Guarantor is intended solely to preserve the rights of the Lenders to the maximum extent not subject to avoidance under applicable law, and no Loan Guarantor nor any other person or entity shall have any right or claim under this Section with respect to such Maximum Liability, except to the extent necessary so that the obligations of any Loan Guarantor hereunder shall not be rendered voidable under applicable law. Each Loan Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of each Loan Guarantor without impairing this Loan Guaranty or affecting the rights and remedies of the Lenders hereunder, provided that, nothing in this sentence shall be construed to increase any Loan Guarantor’s obligations hereunder beyond its Maximum Liability.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!