Designer. Designer represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Designer. The term “Designer” as used throughout the Agreement, Exhibits, EDCs, and the drawings and documents referenced therein, shall have the same meaning as the term “Consultant,” as defined in the Agreement.
Designer. Notwithstanding anything to the contrary expressed or implied in this Contract, any of the powers, rights, and duties of the Designer may be exercised by the Awarding Authority, provided that the Awarding Authority shall be under no obligation to do so. The Awarding Authority may rely on the Designer for the performance and exercise of its rights and obligations hereunder and shall be presumed to so rely on the Designer in the absence of an explicit written assumption by the Awarding Authority of any such rights and obligations, except that any Approval required to be obtained from the Awarding Authority hereunder shall not be valid without the signature of the Awarding Authority. The Awarding Authority may explicitly overrule in writing any action, determination or decision of the Designer should the Awarding Authority choose to do so, except to the extent that the same would violate applicable law. Subject to the foregoing, the Designer shall be responsible for the general administration of the Contract and shall perform the duties and exercise the rights herein conferred on the Designer. Except as otherwise specifically provided herein, the Designer shall decide all questions which may arise as to the conduct, quantity, quality, equality, acceptability, fitness, and rate of progress of the several kinds of work and materials to be performed and furnished under this Contract, and shall decide all questions which may arise as to the interpretation of the Plans and Specifications and as to the fulfillment of this Contract on the part of the Contractor. In the case of the death, resignation, inability or refusal of the Designer to act, or the termination of his or her or its employment, the Awarding Authority may appoint another person to act as Designer for the purposes of this Contract. The Awarding Authority shall give written notice to the Contractor of any such appointment.
Designer. Lead Engineer;
Designer. The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas.
Designer. Developer shall appoint a suitably qualified and experienced Designer, which may be a consultant or an in-house design team, to undertake the design of the permanent components and the major temporary components of the East End Crossing. Developer shall require the Designer to maintain all necessary representation throughout the duration of the PPA to ensure Developer can meet all its obligations under the PPA.
Designer. Designer refers to the prime architect for the Project, collectively with all sub- consultants retained by the Designer to perform the services required of the Designer under its contract with the Owner. The Designer for the Project is Novus Architects, Inc., Xxxxx
Designer. The Owner has retained a Designer whose services, duties and responsibilities are described in a written agreement between the Owner and Designer (see APPENDIX A). The services, duties, and responsibilities of the Designer set out in the agreement between the Owner and Designer shall be compatible and consistent with this Agreement and the Contract Documents. The Owner shall, in its agreement with the Designer, require that the Designer perform its services in cooperation with the CM, consistent with this Agreement and in accordance with the planning, scheduling and budgetary requirements of the Project as determined by the Owner. The terms and conditions of the agreement between the Owner and the Designer shall not be changed or waived without written notice to the CM provided at the time of the change or revision.
Designer shall develop and submit to Owner conceptual diagrams of alternative approaches for translating programmatic requirements into conceptual design solutions. The number of alternate approaches diagramed shall be reasonable and appropriate for the Project. These diagrams shall include, but not be limited to, consideration of land use, functional relationships within the program, relationships to proposed future construction and surrounding area, relative volumes of circulation, land use, traffic, parking, transportation, utilities, and systems described in Section 1.1.3.6 below, and organization of major building functions.
