EXPECTED STANDARD OF CARE Sample Clauses

EXPECTED STANDARD OF CARE. A determination of ‘standard of care’ is a judgment call that is dependent upon individual project circumstances. For the purposes of this agreement the Trustees will consider incurred costs due to errors and omissions by the Architect/Engineer of up to two percent (2%) of the total project construction award amount as being within what the Trustees will consider to be an acceptable ‘standard of care’. The Trustees reserve the right to pursue actions to recover incurred costs above this range. In evaluating incurred costs the Trustees will calculate ‘omissions’ at a rate of 20% of the respective change order amount to provide the missing element whereas ‘errors’ will be calculated at 100% of the change order amount to correct the condition. The Trustees may elect to seek reimbursement if a higher rate of Errors and Omissions is experienced by calling for a negotiated settlement with the Architect/Engineer. The Architect/Engineer shall respond in good faith in such an event. The decision to seek recovery or a portion thereof is elective to the Trustees and will vary depending upon individual project circumstances. The application of the 2% and the 20% by the Trustees is not intended by the Architect/Engineer to be an admission of design errors or omissions nor is it meant to increase or to decrease the Architect/Engineer’s duty of care which is based upon performing services within the usual and customary professional care and in accordance with generally accepted practices in effect at the time the services are rendered.
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EXPECTED STANDARD OF CARE. A determination of ‘standard of care’ is a judgment call that is dependent upon individual project circumstances. For the purposes of this agreement the Trustees will consider incurred costs due to errors and omissions by the architect/engineer of up to two percent (2%) of the total project construction award amount as being within the ‘standard of care. The Trustees reserve the right to pursue actions to recover incurred costs above this range. In evaluating incurred costs the Trustees will calculate ‘omissions’ at a rate of 20% of the respective change order amount to provide the missing element whereas ‘errors’ will be calculated at 100% of the change order amount to correct the condition. The Trustees may elect to seek reimbursement if a higher rate of Errors and Omissions is experienced by calling for a negotiated settlement with the Architect/Engineer. The Architect/Engineer shall respond in good faith in such an event. The decision to seek recovery or a portion thereof is elective to the Trustees and will vary depending upon individual project circumstances. The application of the 2% and the 20% by the Trustees is not intended by the Architect/Engineer to be an admission of design errors or omissions nor is it meant to increase or to decrease the Architect/Engineer’s duty of care which is based upon performing services within the usual and customary professional care and in accordance with generally accepted practices in effect at the time the services are rendered.
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Related to EXPECTED STANDARD OF CARE

  • Standard of Care In the absence of willful misfeasance, bad faith, gross negligence or reckless disregard of obligations or duties hereunder on the part of the Sub-Advisor, the Sub-Advisor shall not be subject to liability to the Advisor, the Trust or to any shareholder of the Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security.

  • STANDARD OF PRACTICE CONTRACTOR warrants that it has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. CONTRACTOR’s duty is to exercise such care, skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.

  • No Waiver of Standard of Care Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.

  • Standard of Care; Performance of Employees Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

  • Standard of Services All services to be rendered by SCM hereunder shall be performed in a professional, competent and timely manner subject to the supervision of the Board of Directors of the Corporation on behalf of the Funds. The details of the operating standards and procedures to be followed by SCM in the performance of the services described above shall be determined from time to time by agreement between SCM and the Corporation.

  • Standards Any additions, modifications, or replacements made to a Party’s facilities shall be designed, constructed and operated in accordance with this Agreement, NYISO requirements and Good Utility Practice.

  • Standard of Conduct To the extent that the provisions of Section 9(a) are inapplicable to a Claim related to an Indemnifiable Event that shall have been finally disposed of, any determination of whether Indemnitee has satisfied any applicable standard of conduct under Delaware law that is a legally required condition to indemnification of Indemnitee hereunder against Losses relating to such Claim and any determination that Expense Advances must be repaid to the Company (a “Standard of Conduct Determination”) shall be made as follows:

  • Professional Skill It is mutually agreed by the parties that City is relying upon the professional skill of the consultant as a specialist in the work, and Consultant represents to the City that its work shall conform to the normal professional standards of the profession. Acceptance of the Consultant's work by the City does not operate as a release of Consultant's representations. It is intended that Consultant's work shall conform to normal standards of accuracy, completeness and coordination.

  • Meets Standard The school materially complies with applicable laws, rules, regulations and provisions of the charter contract relating to financial reporting requirements, including but not limited to: • Complete and on-time submission of financial reports, including annual budget, revised budgets (if applicable), periodic financial reports as required by the authorizer and any reporting requirements if the board contracts with an Education Service Provider (ESP) • On-time submission and completion of the annual independent audit and corrective action plans, if applicable • No charging of tuition • Adequate management and financial controls • All reporting requirements related to the use of public funds Measure 2b Is the school following Generally Accepted Accounting Principles (GAAP)?

  • Standard of Service The Service Provider shall perform the Services in a competent and professional manner according to standards agreed upon by the Service Provider and the Company. The Service Provider agrees that it will exercise due diligence to abide by and comply with all laws, statutes, rules, regulations, and orders of any governmental authority in the performance of its Services under this Agreement. The Service Provider will conduct its business and perform its obligations in a manner which will not cause the possible revocation or suspension of the Company's Certificate(s) of Authority or cause the Company to sustain any fines, penalties, or other disciplinary action of any nature whatsoever.

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