Hidden Conditions. A condition is hidden if it cannot be investigated by reasonable visual observation or records reviewed as customary in the performance of the services being rendered. If the ENGINEER has reason to believe that such a condition may exist, the ENGINEER shall notify the OWNER who shall authorize and pay for costs associated with the investigation or correction after due notification, or the ENGINEER has no reason to believe that such a condition exists, the OWNER is responsible for all risks associated with this condition and the ENGINEER shall not be responsible for the existing condition nor any resulting damages to persons or property.
Appears in 3 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement, Professional Services Agreement
Hidden Conditions. A condition is hidden if it cannot be investigated by reasonable visual observation or records reviewed as customary in the performance of the services being rendered. If the ENGINEER CONSULTANT has reason to believe that such a condition may exist, the ENGINEER CONSULTANT shall notify the OWNER who shall authorize and pay for costs associated with the investigation of such a condition and, if necessary, costs necessary to correct said condition. If the OWNER fails to authorize such investigation or correction after due notification, or the ENGINEER has no reason to believe that such a condition exists, the OWNER is responsible for all risks associated with this condition and the ENGINEER shall not be responsible for the existing condition nor any resulting damages to persons or property.the
Appears in 2 contracts
Samples: Consulting Services Agreement, Consulting Services Agreement
