Common use of Princeton University Design Standards Clause in Contracts

Princeton University Design Standards. Any design services provided as Basic Services under individual Release Orders shall comply with the Princeton University Facilities Design Standards Manual Release 14.0 (July 2022) (the “Design Standards”). Notwithstanding the preceding, the Professional Services Consultant is obligated to review the Design Standards subject to Professional Services Consultant’s Professional Standard and if the Professional Services Consultant judges any aspect of the Design Standards to be in conflict with a Project requirement, or any of the statutes, laws, codes, rules, regulation and orders for which the Professional Services Consultant shall design any Release Order Project and/or provide its Basic Services as provided in paragraph (e) above, or to be otherwise detrimental to the Project in any manner whatsoever, the Professional Services Consultant shall so notify the Princeton University Representative in writing, and abide by written direction from the Princeton University Representative; provided, however, that if in its professional judgment, the Professional Services Consultant believes that any such direction from the Princeton University Representative would violate any of the statutes, laws, codes, rules, regulation and orders for which the Professional Services Consultant shall design any Release Order Project and/or provide its Basic Services as provided in paragraph (e) above or its Professional Standard or sound design practice, or is likely to result in additional cost or delay, the Professional Services Consultant shall so notify the Princeton University Representative in writing before proceeding. If the Professional Services Consultant deviates from the Design Standards without specific written authorization from Princeton University to do so, Princeton University may instruct the Professional Services Consultant to modify any Design Documents or other Basic Services as necessary, without additional compensation and no adjustment to the Fixed Price or NTE Price, to comply with the Design Standards. In the event that any aspect of any Release Order Project is designed and constructed in a manner which deviates from the Design Standards without specific written authorization from Princeton University, in addition to any other rights or remedies which may be available pursuant to the terms of this BOA or by operation of law, Princeton University specifically reserves the right to make a Claim (as defined in Article XVII(a)) and/or other claim for errors and/or omissions on the part of the Professional Services Consultant in that regard and seek indemnification therefore. Notwithstanding anything herein to the contrary, in no event shall the obligations in this paragraph (f) or any other obligations in the BOA be deemed to require any Professional Services Consultant and/or its subconsultants to provide Basic Services for which any of them are required by applicable law to be licensed and they do not have such license. However, the preceding sentence shall not, in any manner whatsoever, limit Professional Services Consultant’s obligation to ensure that it and all of its employees and subconsultants are fully and properly licensed as applicable and necessary to perform all Basic Services required by all Release Orders under this BOA in compliance with all applicable laws.

Princeton University Design Standards. Any The Design Builder and Design Professional shall design services provided as Basic Services under individual Release Orders shall the Project to comply with the Princeton University Facilities Design Standards Manual Manual, Release 14.0 (July 2022) (the “Design Standards”). Notwithstanding the preceding, the Design Builder shall itself review, and cause the Design Professional Services Consultant is obligated to review subject to the Design Standards subject to Professional Services ConsultantProfessional’s Professional Standard Standard, the Design Standards, and if the Design Builder or Design Professional Services Consultant judges any aspect of the Design Standards to be in conflict with a Project requirement, requirement or any of the statutes, laws, codes, rules, regulation and orders for which the Design Builder and Design Professional Services Consultant shall design any Release Order the Project and/or provide its Basic Services as provided in paragraph (ef) above, or to be otherwise detrimental to the Project in any manner whatsoever, the Professional Services Consultant Design Builder shall so notify the Princeton University Representative in writing, and abide by written direction from the Princeton University Representative; provided, however, that if in its professional judgment, the Design Professional Services Consultant believes that any such direction from the Princeton University Representative would violate any of the statutes, laws, codes, rules, regulation and orders for which the Design Builder and Design Professional Services Consultant shall design any Release Order the Project and/or provide its Basic Services as provided in paragraph (ef) above or its Design Professional’s Professional Standard or sound design practice, or is likely to result in additional cost or delay, the Professional Services Consultant Design Builder shall so notify the Princeton University Representative in writing before proceeding. If the Professional Services Consultant Design Builder (or Design Professional) deviates from the Design Standards without specific written authorization from Princeton University to do so, Princeton University may instruct the Design Builder and Design Professional Services Consultant as appropriate to modify any the Design Documents or other Basic Services as necessary, without additional compensation and no adjustment to of the Fixed NTE Design Price or NTE Priceany of its components, to comply with the Design Standards. In order for a design phase to be considered complete, the Design Builder or Design Professional shall submit the required content as outlined in the “Guidelines and Requirements for Documentation” paragraph in each section of the Design Standards Manual by the scheduled completion date of the phase. In the event that any aspect of any Release Order the Project is designed and constructed in a manner which deviates from the Design Standards without specific written authorization from Princeton University, in addition to any other rights or remedies which may be available pursuant to the terms of this BOA Contract or by operation of law, Princeton University specifically reserves the right to make a Claim (as defined in Article XVII(a)) and/or other claim for errors and/or omissions an error or omission on the part of the Design Builder and/or Design Professional Services Consultant as appropriate in that regard and seek indemnification and other relevant remedies therefore. Notwithstanding anything herein to the contrary, in no event shall the obligations in this paragraph (f) or any other obligations in the BOA be deemed to require any Professional Services Consultant and/or its subconsultants to provide Basic Services for which any of them are required by applicable law to be licensed and they do not have such license. However, the preceding sentence shall not, in any manner whatsoever, limit Professional Services Consultant’s obligation to ensure that it and all of its employees and subconsultants are fully and properly licensed as applicable and necessary to perform all Basic Services required by all Release Orders under this BOA in compliance with all applicable laws.

Princeton University Design Standards. Any design services provided as Basic Services under individual Release Orders shall comply with the Princeton University Facilities Design Standards Manual Release 14.0 12.0 (July 2022June 2018) (the “Design Standards”). Notwithstanding the preceding, the Professional Services Consultant is obligated to review the Design Standards subject to Professional Services Consultant’s Professional Standard and if the Professional Services Consultant judges any aspect of the Design Standards to be in conflict with a Project requirement, or any of the statutes, laws, codes, rules, regulation and orders for which the Professional Services Consultant shall design any Release Order Project and/or provide its Basic Services as provided in paragraph (e) above, or to be otherwise detrimental to the Project in any manner whatsoever, the Professional Services Consultant shall so notify the Princeton University Representative in writing, and abide by written direction from the Princeton University Representative; provided, however, that if in its professional judgment, the Professional Services Consultant believes that any such direction from the Princeton University Representative would violate any of the statutes, laws, codes, rules, regulation and orders for which the Professional Services Consultant shall design any Release Order Project and/or provide its Basic Services as provided in paragraph (e) above or its Professional Standard or sound design practice, or is likely to result in additional cost or delay, the Professional Services Consultant shall so notify the Princeton University Representative in writing before proceeding. If the Professional Services Consultant deviates from the Design Standards without specific written authorization from Princeton University to do so, Princeton University may instruct the Professional Services Consultant to modify any Design Documents or other Basic Services as necessary, without additional compensation and no adjustment to the Fixed Price or NTE Price, to comply with the Design Standards. In the event that any aspect of any Release Order Project is designed and constructed in a manner which deviates from the Design Standards without specific written authorization from Princeton University, in addition to any other rights or remedies which may be available pursuant to the terms of this BOA or by operation of law, Princeton University specifically reserves the right to make a Claim (as defined in Article XVII(a)) and/or other claim for errors and/or omissions on the part of the Professional Services Consultant in that regard and seek indemnification therefore. Notwithstanding anything herein to the contrary, in no event shall the obligations in this paragraph (f) or any other obligations in the BOA be deemed to require any Professional Services Consultant and/or its subconsultants to provide Basic Services for which any of them are required by applicable law to be licensed and they do not have such license. However, the preceding sentence shall not, in any manner whatsoever, limit Professional Services Consultant’s obligation to ensure that it and all of its employees and subconsultants are fully and properly licensed as applicable and necessary to perform all Basic Services required by all Release Orders under this BOA in compliance with all applicable laws.

Princeton University Design Standards. Any design services provided as Basic Services under individual Release Orders shall comply with the Princeton University Facilities Design Standards Manual Release 14.0 13.0 (July 2022August 2020) (the “Design Standards”). Notwithstanding the preceding, the Professional Services Consultant is obligated to review the Design Standards subject to Professional Services Consultant’s Professional Standard and if the Professional Services Consultant judges any aspect of the Design Standards to be in conflict with a Project requirement, or any of the statutes, laws, codes, rules, regulation and orders for which the Professional Services Consultant shall design any Release Order Project and/or provide its Basic Services as provided in paragraph (e) above, or to be otherwise detrimental to the Project in any manner whatsoever, the Professional Services Consultant shall so notify the Princeton University Representative in writing, and abide by written direction from the Princeton University Representative; provided, however, that if in its professional judgment, the Professional Services Consultant believes that any such direction from the Princeton University Representative would violate any of the statutes, laws, codes, rules, regulation and orders for which the Professional Services Consultant shall design any Release Order Project and/or provide its Basic Services as provided in paragraph (e) above or its Professional Standard or sound design practice, or is likely to result in additional cost or delay, the Professional Services Consultant shall so notify the Princeton University Representative in writing before proceeding. If the Professional Services Consultant deviates from the Design Standards without specific written authorization from Princeton University to do so, Princeton University may instruct the Professional Services Consultant to modify any Design Documents or other Basic Services as necessary, without additional compensation and no adjustment to the Fixed Price or NTE Price, to comply with the Design Standards. In the event that any aspect of any Release Order Project is designed and constructed in a manner which deviates from the Design Standards without specific written authorization from Princeton University, in addition to any other rights or remedies which may be available pursuant to the terms of this BOA or by operation of law, Princeton University specifically reserves the right to make a Claim (as defined in Article XVII(a)) and/or other claim for errors and/or omissions on the part of the Professional Services Consultant in that regard and seek indemnification therefore. Notwithstanding anything herein to the contrary, in no event shall the obligations in this paragraph (f) or any other obligations in the BOA be deemed to require any Professional Services Consultant and/or its subconsultants to provide Basic Services for which any of them are required by applicable law to be licensed and they do not have such license. However, the preceding sentence shall not, in any manner whatsoever, limit Professional Services Consultant’s obligation to ensure that it and all of its employees and subconsultants are fully and properly licensed as applicable and necessary to perform all Basic Services required by all Release Orders under this BOA in compliance with all applicable laws.