Design Obligations. It is expressly agreed and understood that the SELLER shall be solely responsible for all aspects of the design of the VESSEL, whether or not such design has been approved by the BUYER and/or the Classification Society, and whether or not such design derives from drawings, plans calculations or other data supplied by the BUYER and/or any modification requests from the BUYER. The BUYER shall be entitled to unrestricted use of the design documents of the VESSEL as listed in the Contract Specifications PART I - GENERAL, SECTION 9 PLANS, ETC., for any purpose.
Design Obligations a. The Concessionaire shall have the complete responsibility at its own cost to plan and design the Project, subject to approval of detailed design of the Concept Plan and drawings as per Building Bye Laws by the Design Approval Committee. The selection or appointment of Architect, Consulting Engineer if any, Structural Engineers for internal and estate services and other specialists and constructing agencies etc. shall be the permitted domain of the Concessionaire. Nevertheless, the Concessionaire undertakes to submit to the Authority the names of Architects, Consulting Engineers etc and other specialists as and when required by the Authority and Independent Engineer.
b. The Concessionaire holds itself, its designers and design Sub‐consultants, specialists as having the requisite experience and capability necessary for the preparation of the detailed structural design and planning and design of services. The Concessionaire undertakes that the designers/ engineers/ specialist shall be available to attend discussions with the Authority, the Independent Engineer or with members of the Maintenance Board at all reasonable times during the Concession Period.
c. The Concessionaire shall submit a “Structural Safety Certificate” of the proposed Ecotourism & Adventure Park from competent structural engineer before commencement of the Commercial Operations. However, the certificate shall also be counter certified/ signed by the Independent Engineer.
Design Obligations. To the extent the Supply requires the Vendor to undertake any Design Obligations, the Vendor:
(a) confirms that the description of the Supply is adequate for the Vendor to complete the Design Obligations in accordance with this Contract;
(b) agrees that it will not rely on any information provided by or on behalf of Sunwater for any purpose whatsoever, except to the extent Sunwater specifically authorises the Vendor to do so in writing (which sets out the information to be relied upon and purpose for which it can be relied upon by the Vendor);
(c) must complete and provide to Sunwater all Design Deliverables;
(d) warrants that the product of the Design Obligations, when completed, will be Fit for Purpose; and
(e) releases Xxxxxxxx from and indemnifies Sunwater against any loss or liability arising from the Vendor not complying with clause 5(b).
Design Obligations. (a) The Consultant shall:
(i) develop and complete the Design, in accordance with the requirements of the Agreement, including preparing all necessary documents, information, drawings and plans sufficient for the procurement, installation, construction, commissioning and completion of the Project;
(ii) ensure to the maximum extent reasonably possible that the Design:
(A) meets the Client’s requirements for the Project as set out in the Scope of Services or the Scope of Works;
(B) is free from defects in design and accurate and complete in all respects;
(C) will minimize the repair and maintenance costs of the Project and will maximize the life of the Project;
(D) will comply with all applicable Laws;
(E) will enable approvals, certificates and permits to be quickly and easily obtained from any Authority; and
(F) is otherwise suitable in all respects for the intended purposes of the Project as specified in the Scope of Services or Scope of Work so that, when constructed, the Project will be fit for its intended purpose as specified in the Scope of Services or Scope of Work; and
(iii) allow a maximum of 10 days for review by the Client’s Representative of all Design Documentation, prior to the issue of such documentation to subcontractors or Project Contractors. In the event that the Client’s Representative has not completed his review within 10 days, the Consultant may proceed to issue such documentation to subcontractors or Project Contractors.
(b) The Consultant shall (if applicable), on or about 31 March 2006, submit to the Client’s Representative for approval Interconnection Procedures for connecting the Oxide Plant and the Sulphide Plant to the existing infrastructure on Site which shall:
(i) meet the requirements of the Scope of Services;
(ii) be in a format approved by the Client’s Representative (which approval shall not be unreasonably withheld).
(c) Neither the Client nor the Client’s Representative undertakes any responsibility or duty of care to the Consultant to review any Design Documentation for errors, omissions or compliance with the Agreement. No review of, comments upon, rejection of, or failure to review or comment upon or reject, any such documentation will:
(i) relieve the Consultant from, or alter or affect, the Consultant’s liabilities or responsibilities whether arising out of or in connection with the Agreement or otherwise according to Law; or
(ii) prejudice the Client’s rights against the Consultant whether arising out of or in c...
Design Obligations. Notwithstanding (i) that elements of the Vessel's design are to be provided to the Builder by the Buyer or its subcontractors and (ii) that test results, plans and drawings for the Vessel are (as detailed in the Specification) to be submitted to, and approved by, the Classification Society and the Buyer, it is expressly understood and agreed that the Builder shall be solely responsible for the design of the Vessel.
Design Obligations. (a) Contractor may rely upon the accuracy and correctness of the Rely Upon Information; provided, however, that Contractor shall (i) promptly notify Company of any inaccuracies, errors and omissions that it might discover in, and seek from Company any clarification needed in connection with, the Rely Upon Information, (ii) exercise Good Industry Practice in the use of Rely Upon Information, and (iii) not be relieved of its obligation to complete the Work (as modified by an Approved Change addressing any inaccuracy or error in the Rely Upon Information), notwithstanding any error or inaccuracy in the Rely Upon Information. If the Work is prevented or delayed or Contractor incurs additional costs due to (A) any inaccuracy of or errors in any Rely Upon Information, or (B) Company’s modification or revision of any Rely Upon Information, then subject to Article 8, and except to the extent such delay or cost is caused or contributed to by Contractor’s breach of this Section 1.12, Contractor shall be entitled to a Change and to an adjustment to the Performance Guarantees to the extent provided in Exhibit G to the extent provided in Article 8.
(b) Subject to Section 1.12(a): (i) Contractor is responsible for the correctness and accuracy of all designs, Specifications, Drawings, data and other technical Documents relating to the Work that: (A) are contained in this Agreement (including the Exhibits); (B) have otherwise been provided to Contractor by or on behalf of Company prior to the Effective Date (except for Rely Upon Information); or (C) are prepared or approved by or on behalf of Contractor or any Subcontractor, and any discrepancies, errors or omissions therein, whether or not any of the foregoing have been approved by Company; and (ii) Company gives no warranty as to, and shall have no responsibility for, the accuracy, sufficiency, suitability or completeness of any information, data or technical document provided to Contractor under or in connection with this Agreement, and Contractor shall not be entitled to any adjustment to the Schedule or the Contract Price as a result of any discrepancies, errors or omissions within or between the foregoing.
(c) In addition to the responsibilities under Section 1.12(b), but subject to Section 1.12(a), Contractor shall be responsible for the correctness and accuracy of any designs, specifications, drawings, data and other technical documents incorporated into, or relied upon to complete, the Work that are provided to C...
Design Obligations. (a) The Operator must design the Health Campus:
(i) in accordance with the Design Requirements;
(ii) so that the Health Campus, when constructed, will be Fit For Purpose; and
Design Obligations. .1 This clause 4.6 only applies to the extent that the Contractor has a Design Obligation specified in the Contract Details.
.2 The Contractor must carry out and complete the design of the Services referred to in the Agreement. The Contractor represents and warrants, in addition to any other representation or warranty given or obligations assumed, that the design will: .1 be fully and professionally completed without error, omission or defect;
Design Obligations. A. If Subcontractor’s scope of work covers design/build responsibilities, Subcontractor will specify all performance and design criteria related to the systems, materials or equipment to be provided for the Project. Subcontractor will cause the services to be provided by a properly licensed design professional, whose signature and seal will appear on all drawings, calculations, specifications, certifications, shop drawings and other submittals prepared by those professionals. Shop drawings and other submittals related to the work designed or certified by a professional, if prepared by others, will bear the professional’s written approval when submitted to Subcontractor. Honeywell will be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the design professionals. Honeywell will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given by Subcontractor and the design concept expressed in the Prime Contract or Prime Related Contract or POSA. Honeywell will not be responsible for the adequacy of the performance or design criteria required by the Prime Contract or Prime Related Contract or POSA.
B. The drawings, specifications and other documents prepared by Subcontractor are for use solely with respect to the Subcontract Work. They are not to be used by Subcontractor or any sub-subcontractor or material or equipment supplier on other projects or for additions to the scope of work without the specific written consent of Honeywell. Subcontractor, sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the drawings, specifications and other documents prepared by Subcontractor appropriate to and for use in the execution of their work under the Subcontract Work.
Design Obligations. Any obligation on, or liability or responsibility of, the Supplier that arises from the design of the Part or Typebound Tooling is reduced to the extent that the Supplier’s obligations under the GPC or any agreement between the Supplier and any AB Volvo Subsidiary do not include designing of the Part or Typebound Tooling.
