Common use of Project Co Design Contingency Clause in Contracts

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to Owner’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of Owner. In assessing whether a Design Issue is properly characterized as the responsibility of Owner, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner is responsible. The Contractor and Owner acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting Owner’s responsibilities under Section 11.17(c) and provided that the Owner fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to Owner’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the Project Co Parties’ experience, investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Dateexaminations, as represented by Project Co to Owner in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of Owner. In assessing whether a Design Issue is properly characterized as the responsibility of Owner, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner is responsible. The Contractor and Owner acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting Owner’s responsibilities under Section 11.17(c) and provided that the Owner fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to OwnerCMH’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner CMH in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner CMH shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of OwnerCMH. In assessing whether a Design Issue is properly characterized as the responsibility of OwnerCMH, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner CMH is responsible. The Contractor and Owner CMH acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting OwnerCMH’s responsibilities under Section 11.17(c) and provided that the Owner CMH fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to Owner’s Owner‟s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s Co‟s and Contractor’s Contractor‟s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of Owner. In assessing whether a Design Issue is properly characterized as the responsibility of Owner, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner is responsible. The Contractor and Owner acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting Owner’s Owner‟s responsibilities under Section 11.17(c) and provided that the Owner fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. ‌ (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to OwnerSTEGH’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner STEGH in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner STEGH shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to:to:‌ (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of Owner. In assessing whether a Design Issue is properly characterized as the responsibility of Owner, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner is responsible. The Contractor and Owner acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting Owner’s responsibilities under Section 11.17(c) and provided that the Owner fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.the

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to OwnerHMQ’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site Sites carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner HMQ in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner HMQ shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of OwnerHMQ. In assessing whether a Design Issue is properly characterized as the responsibility of OwnerHMQ, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner HMQ is responsible. The Contractor and Owner HMQ acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting OwnerHMQ’s responsibilities under Section 11.17(c) and provided that the Owner HMQ fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to Owner’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was Permits were issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of Owner. In assessing whether a Design Issue is properly characterized as the responsibility of Owner, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner is responsible. The Contractor and Owner acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting Owner’s responsibilities under Section 11.17(c) and provided that the Owner fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to OwnerCHH’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner CHH in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner CHH shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to: (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of OwnerCHH. In assessing whether a Design Issue is properly characterized as the responsibility of OwnerCHH, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner CHH is responsible. The Contractor and Owner CHH acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting OwnerCHH’s responsibilities under Section 11.17(c) and provided that the Owner CHH fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.

Project Co Design Contingency. ‌ (a) The Cost of the Work and the Guaranteed Price include the Project Co Design Contingency. (b) Subject to OwnerTHP’s responsibilities under Section 11.17(c), the Project Co Design Contingency shall apply to any and all changes, extras or costs attributable to: (i) Design Issues which are properly inferable, readily apparent or readily discoverable from the Contract Documents as forming part of the Work or contrary to Good Industry Practice as it relates to the constructability of the Work which Design Issues shall, for greater certainty, be limited to those Design Issues arising under, or with respect to, or in connection with, matters requiring clarification, information and/or further instruction in the Contract Documents that do not constitute negligent design or engineering; (ii) Design Issues which are related to design coordination and are caused by inconsistencies, conflicts, exclusions, interferences or gaps that are properly inferable, readily apparent or readily discoverable from the Contract Documents, and particularly, the plans, Drawings and Specifications; and (iii) Design Issues which are related to design completion and where the design intent is properly inferable, readily apparent or readily discoverable from the Contract Documents and has not been fully detailed or specified, (collectively, the “Project Co Design Issues”). The terms “properly inferable”, “readily apparent” and “readily discoverable” as used in this Project Agreement, shall be interpreted by taking into consideration Project Co’s and Contractor’s experience and the investigations, inspections and examinations of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date, as represented by Project Co to Owner THP in Sections 7.1 and 5.2(a) and having regard to the standard of care required under Section 11.2(a)(viii). (c) Owner THP shall, as between itself and Project Co, assume full responsibility and liability for the use of the design by Project Co, in all respects other than Project Co Design Issues, including the core efficacy and functionality of the design, both in terms of ability and capacity to:to:‌ (i) produce the desired effect in terms of the building systems, including the structural, mechanical, electrical and information technology systems; (ii) meet the requirements of the Building Code in effect at the time the Building Permit was issued, but this shall not relieve Project Co of the obligation to provide for all standard Building Code requirements applicable to the installation of the Work, whether or not set out in the Specifications; and/or (iii) conform to the functional programming needs of OwnerTHP. In assessing whether a Design Issue is properly characterized as the responsibility of OwnerTHP, the Consultant shall have regard to the Risk Assessment Guidelines, which provide examples of the types of issues that may be encountered and the findings the Consultant would make regarding the categorization of each as a Project Co Design Issue or a Design Issue for which the Owner THP is responsible. The Contractor and Owner THP acknowledge that the Risk Assessment Guidelines are provided for information purposes only and are not complete or exhaustive. (d) Subject to and without limiting OwnerTHP’s responsibilities under Section 11.17(c) and provided that the Owner THP fulfills its responsibilities under Section 11.17(c), Project Co shall deliver fully functional and operational systems and all components shown in the Drawings shall be provided as fully complete and fully functional systems in accordance with the Contract Documents. Project Co shall verify the dimensions shown in the drawings before the layout of the Work.