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. 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. 16.1 With respect to the creation of the design for the parts, Cummins and Supplier shall cooperate as follows:
Design Responsibilities. The Parties are required to design and construct service spaces that are designated for communications applications, properly located, sufficiently sized for independent operation, with all of the required electrical, safety, security and environmental conditions, including required street to facility and interuits. These spaces shall contain all the connections necessary to provide access to house spaces, transmission lines and operate the required technology services equipment. This requirement includes those elements necessary to comply with Section 2.3 of this Agreement.
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. 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. Developer shall be responsible for the design of the Processing Facility. The Processing Facility shall be designed to convert Plant-produced Biogas into a commercially usable commodity. The Processing Facility shall be designed by experienced entities that are licensed to prepare such a design. The Processing Facility shall be located on the Project Site and shall be designed to fit into the allocated land space for the Processing Facility, all as delineated in Figure 1. Developer‘s Processing Facility design shall:
1. Allow the Processing Facility to be constructed, permitted for operation, and in service producing a commercially usable commodity by the Commercial Operation Date Deadline.
2. Allow the Project to be constructed and operated in accordance with the Permits.
3. Provide for the construction of a Processing Facility pad site within the Project Site, as delineated in Figure 1. The pad site design shall be designed in a manner adapted to minimize in accordance with Applicable Laws and Permits windblown debris and dust resulting from Developer’s operation from migrating beyond the Project Site. The pad site design shall include vehicular access to the Project Site via existing Plant campus roadways. The design of the vehicular roads that are needed for the Project shall match that of existing Plant roadways. The primary roads constructed in connection with the Project will be surface treated with a dust inhibiting agent. Developer has the obligation to control dust from any primary roads and non-primary service roads used exclusively in connection with the Project, in accordance with Applicable Laws and Permits. Developer will not be responsible for dust generated by Phoenix. The pad site design may accommodate Processing Facility expansion and modifications.
4. Provide for the construction of a security fence about the full perimeter of the Project Site. The security fence shall provide for the security of the Project Site and shall be located six feet inside the perimeter of the Project Site. Secured gates shall be provided at vehicular access points to the Project Site.
5. Provide for the construction of Connecting Utilities. The location of the Connecting Utility connection points will be as generally oriented as shown in Figure 2. The Delivery Point for Biogas will include an automatically valved supply pipeline. Developer shall assume that the connection point consists of an ANSI B16.1 Class B stainless steel flanged connection. The Biogas ...
