Design Responsibilities. Among its other duties, the Design Professional is responsible to create the Design. Any errors, omissions, conflicts, ambiguities, violations of Applicable Laws, or other defects that are incorporated in the Design are the responsibility of the Design Professional. The Construction Manager’s responsibility to the Owner with respect to its services under this Agreement, for its review of the Drawings and Specifications, is limited to the following: (a) Defects the Construction Manager failed to report to the Owner or the Design Professional promptly after Construction Manager actually discovered them; or (b) Ambiguities, lack of clarity, inadequacy of detail, inconsistency, inaccuracy in the Design documents, or their being incomplete or defects related to the constructability of the Work, which the Construction Manager failed to discover or report to the Owner or Design Professional, but which a first-rate, nationally recognized construction manager experienced in projects similar to the Project in scope, size, complexity and nature would have discovered and reported given the time and opportunity for discovery that were actually available. If the conditions of (a) or (b) are met, and the Owner incurs loss or damage on account of the Construction Manager’s failure to discover or report the defect in a timely fashion, the Construction Manager will share an appropriate portion of the responsibility, notwithstanding the Design Professional’s primary responsibility for creating the defect.
Design Responsibilities. The ENGINEER is responsible for design errors and/or omissions that become evident before, during or after construction of the project. The ENGINEER’s responsibility for all questions arising from design errors and/or omissions will be determined by the LPA and all decisions shall be final and binding. This would include, but not necessarily be limited to:
Design Responsibilities. It is expressly agreed and understood that the BUILDER shall be exclusively responsible for all aspects of the design and engineering required in respect of the construction, equipment and completion of the VESSEL in accordance with the provisions of this Contract and the Specifications. The BUILDER shall accordingly be responsible for any additional costs and expenses of construction, equipment and completion of the VESSEL beyond those originally envisaged at the time of signature hereof which result from any deficiency or shortcoming in the Xxxxxx and Xxxxxxx Millennium ExD design or any design or engineering undertaken to develop the same for the purposes of performance of this Contract. It is further expressly agreed that the BUILDER shall be responsible for delivering to the BUYER a semi-submersible vessel that has a variable deck load of at least seven thousand (7,000) metric tonnes at the operating draft, a variable deck load of at least seven thousand (7,000) metric tonnes at the survival draft and a total payload of at least six thousand (6,000) metric tonnes with 0.4 meters freeboard on the pontoons at the transit draft, all as defined in Section 2.5 of the Specifications. If, after VESSEL inclining, the weight and center of gravity are such that these figures are not achievable, the BUILDER shall make whatever modifications to the VESSEL are necessary to provide the completed VESSEL with these variable deck load and transit payload figures. Such modifications could include the addition of faired sponsons to the pontoons and/or the stability columns. However the variable loads required in the preceding paragraph may be reduced if any of the following conditions are met: o An item of Owner Furnished Equipment (OFE) is found to be heavier than the weight contained in the OFE list included in the Contract Specifications. o The weight of the Well Activity Centre(TM) (WAC(TM)) as designed by Hydralift is greater than weight of the WAC(TM) calculated by Xxxxxx & Xxxxxxx. o The review of the global structural analysis by ABS requires additional steel to be incorporated into the design (note any such additional steel will have no impact on the Contract Price). The reduction in Payload at the transit draft shall be equal to the increase in weight brought about by any of the above. The reduction in variable deck load at operating and survival drafts shall be the amount of payload at one meter above the maindeck that must be replaced by ballast water at the...
Design Responsibilities. 16.1 With respect to the creation of the design for the parts, Cummins and Supplier shall cooperate as follows:
Design Responsibilities. It is expressly agreed and understood that the BUILDER shall be exclusively responsible for all aspects of the design and engineering required in respect of the construction, equipment and completion of the VESSEL in accordance with the provisions of this Contract and the Specifications. The BUILDER shall accordingly be responsible for any additional costs and expenses of construction, equipment and completion of the VESSEL beyond those originally envisaged at the time of signature hereof which result from any deficiency or shortcoming in the Freide and Goldxxx XX0000 design or any design or engineering undertaken to develop the same for the purposes of performance of this Contract.
Design Responsibilities. Pursuant to the Interlocal Agreements previously entered into by each Participant with Sanford, dated January 18, 2021 (Town of Fuquay- Varina), September 21, 2021 (Town of Xxxxx Springs), and January 12, 2022 (Town of Pittsboro), Sanford is responsible for engaging and coordinating with an engineering firm for the design of the Project. In addition, Sanford is wholly responsible for bidding, awarding, holding and managing all construction contracts for the Project.
Design Responsibilities. Unless otherwise explicitly provided herein, Agreement Service Provider Abbreviated Name shall, at its sole cost and expense, perform all work related to the Network, including but not limited to design, construction, installation, management, operation, repair and all maintenance work for the Network pursuant to this Agreement. VDOT will not bear any costs related to the forgoing Work; however, VDOT will bear the costs of VDOT’s own internal or external design reviews. VDOT shall review design, installation and construction documents and may disapprove such requests. Following completion of construction for any single Project segment, Agreement Service Provider Abbreviated Name shall submit “as built” drawings. The “as built” drawings shall be submitted to VDOT in an electronic medium compatible with Microstation, Version 8 (VDOT’s computer aided drafting software) or ESRI ArcGIS Version 10 software (or other computer aided drafting software which VDOT may from time to time update and give notice of). The Work shall be deemed in compliance with this Agreement and accepted by VDOT unless VDOT gives Agreement Service Provider Abbreviated Name notice of rejection of the Project within thirty (30) business days of receipt of the notice. The notice must specifically identify any noncompliance with this Agreement. Should Agreement Service Provider Abbreviated Name make any changes, Agreement Service Provider Abbreviated Name shall provide an updated “as built” drawing within (30) business days.
Design Responsibilities. On Site Issues In preparing the design for the Site and the New Facility and the Design-Build Documents, the Operator shall ensure the following in accordance with the relevant Technical Specification, Description of Services Technical Specification The design for the Site and the New Facility and the Design Build Documents:
Design Responsibilities. VLSI and Buyer agree to perform the activities set forth in the Statement of Work and to complete each such activity by the Target Completion Date as set forth therein. To the extent there is delay in completion of any activity required by the Statement of Work, there shall be an equal extension of the target completion date of all subsequent activities. Buyer and VLSI shall each indicate acceptance of completion of each relevant design step by executing the completion sign-off for such step on the Statement of Work, or a copy of the Statement of Work. All executed copies of the Statement of Work shall be deemed merged into and become a part of this Agreement. Any documents listed as reference documents in the Statement of Work, including but not limited to, specifications, description of training, or special requirements shall be deemed incorporated herein, but only to the extent such documents are not in conflict with other terms of this Agreement.
Design Responsibilities. Unless otherwise explicitly provided herein, MMI – itself or through the use of contractors – shall, at MMI’s sole cost and expense, perform all work related to the Network during the Term and any Renewal Term, including but not limited to design, construction, installation, management, operation, repair and all maintenance work for the Network pursuant to this Agreement. ODOT will not bear any costs related to the forgoing Work; however, ODOT will bear the costs of ODOT’s own internal or external design reviews. ODOT shall review design, installation and construction documents for compliance with ODOT standards and may disapprove such requests. Following completion of construction for any single Segment, MMI shall submit “as built” drawings. The “as built” drawings shall be submitted to ODOT in an electronic medium. Construction drawings shall be in a format compatible with the then current version of Microstation CAD software, and drawings of the Network shall be in a format compatible with the then current version of OSPInsight Fiber Management software. The Work shall be deemed in compliance with this Agreement and accepted by ODOT unless ODOT gives MMI either (i) notice that the drawings do not reflect the design, engineering and construction documents approved by ODOT pursuant to this Section, in which case MMI shall either reconstruct the Network to ensure conformance to the approved documents or submit accurate construction drawings that describe the as-built Network, or (ii) notice that ODOT requires additional time to review the “as built” drawing within thirty (30) Working Days of receipt of the notice. If at any time during the Term MMI make any changes to the Network, MMI shall deliver to ODOT an updated “as built” drawing that incorporates any such changes within (30) Working Days of completing the change, subject to the approval process set forth in the previous paragraph.
