RELIANCE UPON DESIGN‐BUILDER. DESIGN‐BUILDER acknowledges and agrees that its experience and expertise in the performance of the Scope of Work required under this AGREEMENT, as represented in its response to RFP are a material inducement to TAX COLLECTOR entering into this AGREEMENT. The TAX COLLECTOR does not make any representation and assumes no obligations or duties as to third parties concerning the quality, sufficiency or accuracy of the design and/or construction by DESIGN‐BUILDER of the PROJECT or the absence of any defects. The TAX COLLECTOR’S review and approval of the Final Construction Documents, and each component thereof, and the construction of the PROJECT, is and will be done as a matter of right only and not as a matter of obligation, and shall not be a representation to any third party of the quality, soundness or integrity of the design and construction of the PROJECT. The TAX COLLECTOR is strictly relying on DESIGN‐BUILDER’S expertise and experience with respect to the quality, sufficiency and accuracy of the Final Construction Documents and the construction of the PROJECT, including but not limited to, the functional soundness and structural integrity of the PROJECT. In this regard, DESIGN‐BUILDER agrees and covenants to indemnify TAX COLLECTOR from any and all liabilities, claims, damages or losses resulting from any errors, omissions, deficiencies or defects in the Final Construction Documents or the condition of the PROJECT, whether related to the design or the quality of construction or otherwise, and whether arising during or after completion of the PROJECT. This Article shall survive the termination of this AGREEMENT and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists.
RELIANCE UPON DESIGN‐BUILDER. DESIGN-BUILDER acknowledges and agrees that its experience and expertise in the performance of the Scope of Work required under this Contract, as represented in its Proposal submitted in response to the RFP is a material inducement to CITY entering into this Contract. The CITY does not make any representation and assumes no obligations or duties as to third parties concerning the quality, sufficiency or accuracy of the design and/or construction by DESIGN-BUILDER of the Project or the absence of any defects. The CITY’s review and approval of the Final Construction Documents, and each component thereof, and the construction of the Project, is and will be done as a matter of right only and not as a matter of obligation, and shall not be a representation to any third party of the quality, soundness or integrity of the design and construction of the Project. The CITY is strictly relying on DESIGN- BUILDER’S expertise and experience with respect to the quality, sufficiency and accuracy of the Final Construction Documents and the construction of the Project, including but not limited to, the functional soundness and structural integrity of the Project. This Article shall survive the termination of this Contract and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists.
