Common use of RESPONSIBILITY OF THE CONSULTANT Clause in Contracts

RESPONSIBILITY OF THE CONSULTANT. In providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, inspections, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, upon written notice to the CONSULTANT and upon mutual agreement between the parties, without additional compensation, correct or revise any errors in its designs, inspections, drawings, specifications, and other services if the errors resulted, independently of all other causes, from negligence of the CONSULTANT. Neither the LOCAL PUBLIC AGENCY'S review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contact, and the CONSULTANT shall be and remain liable to the LOCAL PUBLIC AGENCY in accordance with applicable law for all damages to the LOCAL PUBLIC AGENCY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. Any construction costs, legal fees and administrative costs incurred by the LOCAL PUBLIC AGENCY due to negligent performance or errors in design by the CONSULTANT shall be paid by the CONSULTANT.