RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services. 1.6.2 If, during the construction stage of the project, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the dispute. 1.6.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contract.
Appears in 4 contracts
Samples: Consulting Agreement, Consulting Agreement, Consultant Services Agreement
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services.
1.6.2 If, during the construction stage of the project, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant Consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the dispute.
1.6.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contract.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other servicesservices which do not meet the standard of care.
1.6.2 If, during the construction stage of the project, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant Consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the dispute.
1.6.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contract.
Appears in 2 contracts
Samples: Professional Services, Professional Services
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 1.5.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services.
1.6.2 1.5.2 If, during the construction stage of the project, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the dispute.
1.6.3 1.5.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contract.
Appears in 1 contract
Samples: Professional Services
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services.
1.6.2 If, during the construction stage of the project, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant Consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the disputedispute pursuant to Article 22 of this Agreement.
1.6.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contract.
Appears in 1 contract
Samples: Consulting Agreement
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services.
1.6.2 If, during the construction stage of the projectProject, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant Consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the dispute.
1.6.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contractthis Agreement.
Appears in 1 contract
Samples: Professional Services