Indemnity; Design Professional Sample Clauses

Indemnity; Design Professional. This subsection (B) applies if the claim or Legal Proceeding arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of a State-registered professional engineer or other “design professional” (as that term is defined at California Civil Code Section 2782.8) performing any of the Design-Build Work. Company shall indemnify, defend, protect, and hold harmless SRWA Indemnitees (as defined in Subsection (A)) from and against any Loss and Expense that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of a design professional. This subsection shall be applied and construed in accordance with California Civil Code Section 2782.8; however, the parties acknowledge and agree that any design professional working under this Contract “is a party to a written design- build joint venture agreement” within the meaning of Section 2782.8, subsection (e)(2). In no event shall the cost to defend charged to the Company exceed the Company’s proportionate percentage of fault. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section.
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Related to Indemnity; Design Professional

  • Design Professional The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional.

  • Design Professional Contract The Contract between the Owner and the Design Professional for the design of the Project.

  • Note to Design Professional Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date.

  • Modified Indemnity Where Agreement Involves Design Professional Services Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

  • Design Professional to Design Work The Design Professional Contract requires the Design Professional to design and to prepare the Contract Documents, a copy of which shall be furnished to the Contractor upon request. The Design Professional Contract requires the Design Professional to designate a readily accessible representative (either on Site or by computer, phone or fax or otherwise) who shall have authority promptly to render decisions and to furnish information required of the Design Professional.

  • Professional Engineering and Architect’s Services Professional Engineering and Architect’s Services are not permitted to be provided under this Agreement. Texas statutes prohibit the procurement of Professional Engineering and Architect’s Services through a cooperative agreement.

  • SCOPE OF ARCHITECT’S BASIC SERVICES 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services.

  • Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.

  • Indemnification Process 20.2.1 As used in this Section 20, “Indemnified Person” means a person whom an Indemnifying Party is obligated to indemnify, defend and/or hold harmless under Section 20.1.

  • Architect Engineer shall provide assistance to Owner through the commissioning consultant/agent for the purpose of advising and counseling Owner’s personnel in the usage, operation and maintenance of the building mechanical, electrical, and plumbing systems.

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