Design Liability Sample Clauses

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.
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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:
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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.
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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.
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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?
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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?
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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.
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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. Design process 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. Site surveys and investigations The Contractor shall commission or undertake, and shall coordinate and monitor, any Site surveys and investigations stated in Schedule 1 and the P...
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Related to Design Liability

  • NON-LIABILITY The Developer acknowledges that the City's review and approval of plans for the development of the Property is done in furtherance of the general public health, safety and welfare, and that no specific relationship with, or duty of care to the Developer or third parties associated with the Developer is assumed by such review and approval, or immunity waived, as is more specifically set forth in Government Immunity Act C.R.S. 00-00-000, et seq.

  • Engineer's Liability Acceptance of the final plans by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the designs, working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility or liability by City for any defect in the designs, working drawings, specifications, or other documents prepared by said Engineer, its employees, subcontractor, agents and consultants.

  • Contractor’s Liability If the Contractor fails to comply with any applicable laws, rules, or regulations, and that failure results in a site or worker contamination, the Contractor will be held solely responsible for all costs involved in any required corrective actions, and shall defend, indemnify, and hold harmless the District, pursuant to the indemnification provisions of the Contract, for all damages and other claims arising therefrom. If lead disturbance is anticipated in the Work, only persons with appropriate accreditation, registrations, licenses, and training shall conduct this Work. It shall be the responsibility of the Contractor to properly dispose of any and all waste products, including, but not limited to, paint chips, any collected residue, or any other visual material that may occur from the prepping of any painted surface. It will be the responsibility of the Contractor to provide the proper disposal of any hazardous waste by a certified hazardous waste hauler. This company shall be registered with the Department of Transportation (DOT) and shall be able to issue a current manifest number upon transporting any hazardous material from any school site within the District. The Contractor shall provide the District with any sample results prior to beginning Work, during the Work, and after the completion of the Work. The District may request to examine, prior to the commencement of the Work, the lead training records of each employee of the Contractor. I acknowledge and certify under penalty of perjury, that:

  • Damage Liability The University is not liable for damage to or loss of personal property, failure or interruption of utilities, or for injury or inconvenience to persons (except to the extent set forth in Florida Statutes, Sec. 768.28) Students are encouraged to provide their own personal property loss insurance.

  • Umbrella Liability The Umbrella / Excess Liability must be at least as broad as the underlying general liability and automobile liability policies. Limits – Each Occurrence $1,000,000 General Aggregate $1,000,000

  • Supplier’s Liability Subject to the limitation of liability provisions in the Standard Terms (Schedule 4), the total liability of the Supplier to the British Council whether in contract, tort, negligence, breach of statutory duty or otherwise for any direct loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed [insert figure in numbers and words] for each claim or instance of liability.

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”).

  • 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.

  • Cap on Liability Notwithstanding anything to the contrary contained in this Agreement or in any Closing Document, the liability of the Sellers for Losses arising pursuant to or in connection with the representations, warranties, indemnifications, covenants or other obligations (whether express or implied) of the Sellers under this Agreement (or in any Closing Document) shall not exceed $50,000,000 in the aggregate under this Agreement and the Other PSAs combined (the “Cap”), however, the Buyer shall not make any claims for Losses in connection with the representations, warranties, indemnifications, covenants or other obligations (whether express or implied) of the Sellers under this Agreement unless such claims exceed $1,000,000 in the aggregate under this Agreement and the Other PSAs combined (the “Basket”) (at which point the Buyer shall be entitled to make a claim for the aggregate amount of Losses and not just amounts in excess of the Basket). Notwithstanding anything to the contrary contained herein, the Basket and Cap limitations set forth herein shall not apply to Losses suffered or incurred as a result of any breaches of the covenants and obligations of the Sellers set forth in Section 9.1, Article X, Article XII, and Section 14.3.

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