LIABILITY FOR DESIGN. APPROVAL BY THE CITY ENGINEER OR OTHER CITY EMPLOYEE OF ANY PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY DEVELOPER PURSUANT TO THIS CONTRACT SHALL NOT CONSTITUTE OR BE DEEMED TO BE AN ASSUMPTION OF RESPONSIBILITY AND LIABILITY BY THE CITY OR A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF DEVELOPER, ITS ENGINEER, EMPLOYEES, OFFICERS OR AGENTS FOR THE ACCURACY AND COMPETENCY OF THEIR DESIGN AND SPECIFICATION FOR THE IMPROVEMENTS, IT BEING THE INTENT OF THE PARTIES THAT APPROVAL BY THE CITY ENGINEER SIGNIFIES THE CITY’S APPROVAL OF ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS CONNECTION, DEVELOPER SHALL FOR A PERIOD OF TWO (2 YEARS AFTER THE ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY, CLAIM, OBLIGATION, PENALTY, CHARGE, COST OR EXPENSE INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF THE DEVELOPER’S ENGINEER’S DESIGNS, PLANS AND SPECIFICATIONS INCORPORATED INTO ANY OF THE IMPROVEMENTS WETHER OR NOT SUCH LOSS, CLAIM, LIABILITY, OBLIGATION, PENALTY, CHARGE, COST OR EXPENSE IS CAUSED IN PART BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND THE DEVELOPER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS SERVANTS OR EMPLOYEES OR ANY OF THEM, ON ACCOUNT THEREOF, AND SHALL PAY ALL EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND CONSULTANTS) AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM IN CONNECTION HEREWITH.
LIABILITY FOR DESIGN. 7 2.6 CDM Regulations........................................... 7 3. TIME FOR COMPLETION OF THE WORKS.......................... 8 4. WARRANTIES................................................ 8 5. INFORMATION............................................... 8 5.1 Information as to Progress................................ 8 5.2
LIABILITY FOR DESIGN. The Developer shall have the same liability to the Tenant in respect of the design of the Works whether under statute or otherwise as would an architect or as the case may be other appropriate professional designer holding himself out as competent to take on work for such design.
