INSPECT, INSPECTION. The visual observation of construction to permit the Architect to render his or her professional opinion as to whether the contractor is performing the Work in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. Such observations shall not be relied upon by any party as acceptance of the Work, nor shall they relieve any party from fulfillment of customary and contractual responsibilities and obligations.
INSPECT, INSPECTION. The visual observation of construction to permit the Engineer to render his professional opinion as to whether the Contractor is performing the Work in a manner in accordance with the Contract Documents.
INSPECT, INSPECTION. The visual observation of construction to permit TCE to render their professional opinion as to whether the contractor is performing the Work in a manner indicating that, when completed, the Work will be in accordance with the Contract Documents. Such observations shall not be relied upon by any party as acceptance of the Work, nor shall they relieve any party from fulfillment of customary and contractual responsibilities and obligations. Public Responsibility Both the Client and TCE owe a duty of care to the public that requires them to conform to applicable codes, standards, regulations and ordinances, principally to protect the public health and safety. The Client shall make no request of the TCE that, in TCE’s reasonable opinion, would be contrary to the TCE's professional responsibilities to protect the public. The Client shall take all actions and render all reports required of the Client in a timely manner. Should the Client fail to take any required actions or render any required notices to appropriate public authorities in a timely manner, the Client agrees TCE has the right to exercise its professional judgment in reporting to appropriate public officials or taking other necessary action. The Client agrees to take no action against or attempt to hold TCE liable in any way for carrying out what the TCE reasonably believes to be its public responsibility. The Client agrees TCE shall not be held liable in any respect for reporting said conditions. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless TCE, its officers, directors, employees and subconsultants (collectively, TCE) against all damages, liabilities or costs arising out of or in any way connected with the TCE's notifying or failing to notify appropriate public officials. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, all disputes arising out of or related to this Services Agreement will be submitted first to non-binding mediation, unless the parties mutually agree otherwise. Limitation of Liability In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant and Consultant’s officers, directors, partners, employees, shareholders, owners and subconsu...
INSPECT, INSPECTION. The visual observation of construction to permit the ENGINEER, as an experienced and qualified professional, to determine that the Work, when completed by the Contractor, generally conforms to the Contract Documents. In making such inspections, the ENGINEER makes no guarantee for, and shall have no authority or control over, the Contractor’s performance or failure to perform the Work in accordance with the Contract Documents. The ENGINEER shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the Contractor or for the Contractor’s safety precautions and programs nor for failure by the Contractor to comply with any laws or regulations relating to the performance or furnishing of the Work by the Contractor.
