Performance Criteria Documents & Design of Project Sample Clauses

Performance Criteria Documents & Design of Project. Design Build Entity shall use the Performance Criteria Documents as the basis for design and the development of all Drawings and Specifications. As the Design Materials are developed, Design Build Entity may identify issues in the Performance Criteria Documents, or Judicial Council may change the Performance Criteria Documents. Any alleged issues that are mutually resolved by Judicial Council and Design Build Entity that require a change or modification to the Performance Criteria Documents, or any Judicial Council initiated change to the Performance Criteria Documents, shall be memorialized pursuant to an Amendment or Change Order. 13.17.4.1. The Performance Criteria Documents will always control over Design Materials prepared by Design Build Entity during the Design Work. Design Build Entity expressly acknowledges that the Performance Criteria Documents are material to the design of the Project and that Design Build Entity’s design of the Project shall at all times conform with the requirements of the Performance Criteria Documents. Design Build Entity expressly acknowledges and agrees that during any portion of the Work, Judicial Council’s Acceptance of Design Materials that are inconsistent, or in conflict, with any requirement of the Performance Criteria Documents shall not result in Judicial Council’s waiver of any right or remedy hereunder. Judicial Council shall at all times to retain the right to require that Design Build Entity redesign the Project that in any way varies from or conflicts with the Performance Criteria Documents, and/or correct any completed Construction Work, at Design Build Entity’s sole cost and expense; provided, however, that Design Build Entity may be relieved of the requirement to redesign the Project consistent with the Performance Criteria Documents, only if: 13.17.4.1.1. Design Build Entity specifically notifies Judicial Council, in writing of, the inconsistency or conflicting element within five (5) Days of the date Design Build Entity discovers an inconsistency or conflict, or within five (5) Days of the date that Design Build entity should have reasonably discovered it; 13.17.4.1.2. The inconsistency or conflict was Accepted by Judicial Council, in its sole and absolute discretion, in an Amendment or Change Order that specifically modifies the Performance Criteria Documents; and 13.17.4.1.3. The inconsistency or conflict was not caused by an Error or Omission of Design Build Entity. 13.17.4.2. All Design Materials mus...