Design Professionals. REPRESENTATIVE The Design Professional's representative shall possess full authority to receive and act on instructions from the Owner. If the Design Professional changes its representative or his/her authority, the Design Professional shall immediately notify the Owner in writing. The Design Professional’s representation is identified under Article 11.
Design Professionals. Notwithstanding anything to the contrary set forth in this Article, if Contractor is a “design professional” (as defined in California Civil Code Section 2782.8(c)), and to the extent that it is performing any of the Services in its capacity as a design professional, Contractor’s indemnification and defense obligations under this Article with respect to such Services will be limited in accordance with, but required to the maximum extent permitted under, California Civil Code Section 2782.8.
Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Design Professionals. 5.1 This Article 5 is applicable when the Services include providing Construction Documents.
5.2 If the final estimated construction cost prepared by the Contractor prior to bid opening, or the lowest and best bid(s) received exceeds the actual amount applied toward the construction of the Project, excluding all contingencies, fees, and administrative costs (Construction Cost Limitation) of the Owner's estimate of the total Project cost from inception to turn-over to the ultimate user, by more than ten percent (10%), the Owner may, at its discretion:
5.2.1 direct the Professional to make changes at no additional expense to the Owner in the Construction Documents to permit re-bidding of the Project within the shortest, reasonable time; or,
5.2.2 direct the Professional to revise the scope or quality, or both, of the Project, so as to reduce the Project construction cost at no additional expense to the Owner; if so directed by the Owner, modify the Construction Documents, as directed, in order to reduce the estimated project construction cost to be within the adjusted construction cost portion of the Project Budget; or,
5.2.3 direct the Professional to assist the Construction Manager in negotiating with lowest and best bidder(s).
5.3 When authorized by the Owner in writing, revising previously approved drawings, specifications, or other documents to accommodate changes shall be paid for by the Owner as additional work, provided, however, that no compensation for extra services shall be paid for the following:
5.3.1 revisions directed by the Owner pursuant to paragraphs 5.2;
5.3.2 corrections of design errors or omissions; and
5.3.3 changes initiated by the Professional without Owner’s written approval.
Design Professionals acceptable to the Engineer and the Owner shall be retained by the Engineer, at the Engineer’s expense, as the Engineer’s consultants for the structural, mechanical, civil, electrical, landscape architecture, architecture and such other portions of the Project where such services shall reasonably be required for the proper design, installation, or operation of such portions of the Project. Nothing in this paragraph, or elsewhere in this Agreement, shall relieve or absolve the Engineer from liability for damages to the Owner resulting from any breach or default under this Agreement, or any willful or negligent act or omission of the Engineer or any agent, or employee of the Engineer, including, but not limited to, any other consultant employed hereunder by the Engineer or any agent or employee of such other consultant.
Design Professionals. All plans and specifications relating to the Initial Leasehold Improvements shall be prepared by architects and engineers selected and employed by Tenant and approved by Landlord. Tenant may employ other consultants of its selection to assist with the design and construction of the Initial Leasehold Improvements, Tenant's architects, engineers, and other consultants shall be afforded access to all work in progress at the Building or in the Additional Office Space. Landlord has approved Kirksey and Partners Architects as Tenant's design professionals.
Design Professionals. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
Design Professionals. The Company shall be responsible for causing the agreements with design and engineering professionals to require that such professionals maintain professional liability insurance, automobile liability, general liability, and statutory workers’ compensations and employers’ liability (if applicable). All policies should contain a minimum limit of liability of $1,000,000.
Design Professionals. REPRESENTATIVE The Design Professional’s representative shall possess full authority to receive and act on instructions from the Owner. If the Design Professional changes its representative or his/her authority, the Design Professional shall immediately notify the Owner in writing. The Design Professional’s representation is identified under Article 11. KEY PROJECT PERSONNEL The key Project personnel whom the Design Professional shall assign are as set forth in Article 11. Such personnel shall not be changed without the written approval of the Owner, which approval shall not be unreasonably withheld. ROYALTIES, PENALTIES, AND COPYRIGHTS The Design Professional shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods, or systems required by the Owner or selected by the Design Professional and incorporated in the design documents of the Design Professional. The Design Professional warrants that it possesses the copyright or permission to use the copyright of materials, methods, or systems selected by the Design Professional and incorporated in the design documents of the Design Professional. The Design Professional shall indemnify and hold the Owner, the Constructor, and Subcontractors harmless from all suits or claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees, for infringement of any patent rights or copyrights arising out of such selection. CONFIDENTIALITY Certain information disclosed by the Owner to the Design Professional pursuant to this Agreement may be considered confidential consistent with State and Federal law. The Owner will identify in writing any information that is confidential and the reason therefor. The Design Professional shall treat as confidential and not disclose to third parties, except as necessary for the performance of this Agreement or as required by law, any information designated by the Owner in writing as confidential.
Design Professionals. All proposed Improvements and landscaping constructed or planted on the Premises, and any subsequent major replacements, alterations, additions or improvements to any of the foregoing, shall be approved in writing by Landlord and designed by qualified and duly licensed Design Professionals designated by Tenant and pre-approved in writing by Landlord.
