Common use of Scope Book Clause in Contracts

Scope Book. Seller and Xxxxx agree that the Scope Book is intended, among other things, to establish the design parameters of the Project and was developed by Seller. BUYER HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FOR THE DESIGN OR ENGINEERING OF THE PROJECT OR ANY DESIGN OR ENGINEERING WORK PERFORMED, OR THAT SHOULD HAVE BEEN PERFORMED, HEREUNDER (INCLUDING ANY RESPONSIBILITY OR LIABILITY FOR CLAIMS OR LOSSES DUE OR ALLEGED TO BE DUE TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (I) FAILING TO REVIEW, PROPERLY COMMENT UPON OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY SUCH WORK, (II) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (III) COMMENTING UPON OR PROVIDING OTHER INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP REGARDING SUCH WORK, OR (IV) TAKING OR FAILING TO TAKE ANY OTHER ACTION REGARDING THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER), AND SELLER HEREBY ADOPTS AS ITS OWN ALL OF THE ENGINEERING AND DESIGN WORK HEREUNDER AND WAIVES ANY CLAIM IT MAY HAVE AGAINST BUYER IN RESPECT OF SUCH WORK (EXCEPT CLAIMS FOR CHANGE ORDERS OR BREACH OF BUYER’S OBLIGATIONS HEREUNDER). SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, SELLER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH MEMBER OF THE BUYER GROUP FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES FOR PERSONAL INJURY, ILLNESS, OR DEATH TO ANY PERSON NOT SPECIFIED IN SECTION 24.1 OR PROPERTY DAMAGE RESULTING FROM THE NEGLIGENT, IMPROPER, OR FAULTY DESIGN OR ENGINEERING OF THE PROJECT OR ANY PROJECT ASSET, EVEN IF SUCH PERSONAL INJURY, ILLNESS, OR DEATH OR PROPERTY DAMAGE IS DUE OR ALLEGED TO BE DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (A) FAILING TO REVIEW, PROPERLY COMMENT UPON, OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY OF SUCH WORK, (B) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (C) COMMENTING UPON OR PROVIDING INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP, OR (D) TAKING OR FAILING TO TAKE ANY OTHER ACTION IN RESPECT OF THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER. Seller shall ensure that the conceptual design and detailed design conforms to the Scope Book, as well as the other requirements of this Agreement, and will enable the Project to meet the Guaranteed LD Performance Test Requirements, Guaranteed PV Plant Availability, and Guaranteed XXXX Availability and Seller to achieve Final Completion. Without limiting any of its other obligations under this Agreement, Seller shall promptly notify and consult with Buyer if Seller or any of its Contractors or Subcontractors discovers any actual or apparent material error or inconsistency within the Scope Book or between the Scope Book and the main body of this Agreement or any Ancillary Agreement.

Scope Book. Seller and Xxxxx Buyer agree that the Scope Book is intended, among other things, to establish the design parameters of the Project and was developed by Seller. BUYER HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FOR THE DESIGN OR ENGINEERING OF THE PROJECT OR ANY DESIGN OR ENGINEERING WORK PERFORMED, PERFORMED (OR THAT SHOULD HAVE BEEN PERFORMED, HEREUNDER (INCLUDING ANY RESPONSIBILITY OR LIABILITY FOR CLAIMS OR LOSSES DUE OR ALLEGED TO BE DUE TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (I) FAILING TO REVIEW, PROPERLY COMMENT UPON OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY SUCH WORK, (II) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (III) COMMENTING UPON OR PROVIDING OTHER INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP REGARDING SUCH WORK, OR (IV) TAKING OR FAILING TO TAKE ANY OTHER ACTION REGARDING THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER), AND SELLER HEREBY ADOPTS AS ITS OWN ALL OF THE ENGINEERING AND DESIGN WORK HEREUNDER AND WAIVES ANY CLAIM IT MAY HAVE AGAINST BUYER IN RESPECT OF SUCH WORK (EXCEPT CLAIMS FOR CHANGE ORDERS OR BREACH OF BUYER’S OBLIGATIONS HEREUNDER). SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, SELLER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH MEMBER OF THE BUYER GROUP FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES FOR PERSONAL INJURY, ILLNESS, OR DEATH TO ANY PERSON NOT SPECIFIED IN SECTION 24.1 OR PROPERTY DAMAGE RESULTING FROM THE NEGLIGENT, IMPROPER, OR FAULTY DESIGN OR ENGINEERING OF THE PROJECT OR ANY PROJECT ASSET, EVEN IF SUCH PERSONAL INJURY, ILLNESS, OR DEATH OR PROPERTY DAMAGE IS DUE OR ALLEGED TO BE DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP AFFILIATE THEREOF IN (A) FAILING TO REVIEW, PROPERLY COMMENT UPON, OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY OF SUCH WORK, IN CONDUCTING (B) CONDUCTING OR FAILING TO CONDUCT CONDUCT) ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (C) IN COMMENTING UPON OR PROVIDING INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP, OR (D) IN TAKING OR FAILING TO TAKE ANY OTHER ACTION IN RESPECT OF THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER. Seller shall ensure that the conceptual design and detailed design conforms to the Scope Book, as well as the other requirements of this Agreement, and will enable the Project to meet the Guaranteed LD Performance Test Requirements, Guaranteed PV Plant Availability, and Guaranteed XXXX Availability and Seller to achieve Final Completion. Without limiting any of its other obligations under this Agreement, Seller shall promptly notify and consult with Buyer if Seller or any of its Contractors or Subcontractors discovers any actual or apparent material error or inconsistency within the Scope Book or between the Scope Book and the main body of this Agreement or any Ancillary Agreement.

Scope Book. Seller and Xxxxx Buyer agree that the Scope Book is intended, among other things, to establish the design parameters of the Project and was developed by Seller. BUYER HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FOR THE DESIGN OR ENGINEERING OF THE PROJECT OR ANY DESIGN OR ENGINEERING WORK PERFORMED, OR THAT SHOULD HAVE BEEN PERFORMED, HEREUNDER (INCLUDING ANY RESPONSIBILITY OR LIABILITY FOR CLAIMS OR LOSSES DUE OR ALLEGED TO BE DUE TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (I) FAILING TO REVIEW, PROPERLY COMMENT UPON OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY SUCH WORK, (II) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (III) COMMENTING UPON OR PROVIDING OTHER INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP REGARDING SUCH WORK, OR (IV) TAKING OR FAILING TO TAKE ANY OTHER ACTION REGARDING THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER),, AND SELLER HEREBY ADOPTS AS ITS OWN ALL OF THE ENGINEERING AND DESIGN WORK HEREUNDER AND WAIVES ANY CLAIM IT MAY HAVE AGAINST BUYER IN RESPECT OF SUCH WORK (EXCEPT CLAIMS FOR CHANGE ORDERS OR BREACH OF BUYER’S OBLIGATIONS HEREUNDER). SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, SELLER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH MEMBER OF THE BUYER GROUP FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES FOR PERSONAL INJURY, ILLNESS, OR DEATH TO ANY PERSON NOT SPECIFIED IN SECTION 24.1 OR PROPERTY DAMAGE RESULTING FROM THE NEGLIGENT, IMPROPER, OR FAULTY DESIGN OR ENGINEERING OF THE PROJECT OR ANY PROJECT ASSET, EVEN IF SUCH PERSONAL INJURY, ILLNESS, OR DEATH OR PROPERTY DAMAGE IS DUE OR ALLEGED TO BE DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP AFFILIATE THEREOF IN (A) FAILING TO REVIEW, PROPERLY COMMENT UPON, OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY OF SUCH WORK, IN CONDUCTING (B) CONDUCTING OR FAILING TO CONDUCT CONDUCT) ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (C) IN COMMENTING UPON OR PROVIDING INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP, OR (D) IN TAKING OR FAILING TO TAKE ANY OTHER ACTION IN RESPECT OF THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER. Seller shall ensure that the conceptual design and detailed design conforms to the Scope Book, as well as the other requirements of this Agreement, and will enable the Project to meet the Guaranteed LD Performance Test Requirements, Guaranteed PV Plant Availability, and Guaranteed XXXX Availability and Seller to achieve Final Completion. Without limiting any of its other obligations under this Agreement, Seller shall promptly notify and consult with Buyer if Seller or any of its Contractors or Subcontractors discovers any actual or apparent material error or inconsistency within the Scope Book or between the Scope Book and the main body of this Agreement or any Ancillary Agreement.

Scope Book. Seller and Xxxxx agree that the Scope Book is intended, among other things, to establish the design parameters of the Project and was developed by Seller. BUYER HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FOR THE DESIGN OR ENGINEERING OF THE PROJECT OR ANY DESIGN OR ENGINEERING WORK PERFORMED, PERFORMED (OR THAT SHOULD HAVE BEEN PERFORMED, HEREUNDER (INCLUDING ANY RESPONSIBILITY OR LIABILITY FOR CLAIMS OR LOSSES DUE OR ALLEGED TO BE DUE TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (I) FAILING TO REVIEW, PROPERLY COMMENT UPON OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY SUCH WORK, (II) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (III) COMMENTING UPON OR PROVIDING OTHER INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP REGARDING SUCH WORK, OR (IV) TAKING OR FAILING TO TAKE ANY OTHER ACTION REGARDING THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER), AND SELLER HEREBY ADOPTS AS ITS OWN ALL OF THE ENGINEERING AND DESIGN WORK HEREUNDER AND WAIVES ANY CLAIM IT MAY HAVE AGAINST BUYER IN RESPECT OF SUCH WORK (EXCEPT CLAIMS FOR CHANGE ORDERS OR BREACH OF BUYER’S OBLIGATIONS HEREUNDER). SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, SELLER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH MEMBER OF THE BUYER GROUP FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES FOR PERSONAL INJURY, ILLNESS, OR DEATH TO ANY PERSON NOT SPECIFIED IN SECTION 24.1 OR PROPERTY DAMAGE RESULTING FROM THE NEGLIGENT, IMPROPER, OR FAULTY DESIGN OR ENGINEERING OF THE PROJECT OR ANY PROJECT ASSET, EVEN IF SUCH PERSONAL INJURY, ILLNESS, OR DEATH OR PROPERTY DAMAGE IS DUE OR ALLEGED TO BE DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP AFFILIATE THEREOF IN (A) FAILING TO REVIEW, PROPERLY COMMENT UPON, OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY OF SUCH WORK, IN CONDUCTING (B) CONDUCTING OR FAILING TO CONDUCT CONDUCT) ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (C) IN COMMENTING UPON OR PROVIDING INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP, OR (D) IN TAKING OR FAILING TO TAKE ANY OTHER ACTION IN RESPECT OF THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER. Seller shall ensure that the conceptual design and detailed design conforms to the Scope Book, as well as the other requirements of this Agreement, and will enable the Project to meet the Guaranteed LD Performance Test Requirements, Guaranteed PV Plant Availability, and Guaranteed XXXX Availability Expected Energy Yield and Seller to achieve Final Completion. Without limiting any of its other obligations under this Agreement, Seller shall promptly notify and consult with Buyer if Seller or any of its Contractors or Subcontractors discovers any actual or apparent material error or inconsistency within the Scope Book or between the Scope Book and the main body of this Agreement or any Ancillary Agreement.

Scope Book. Seller and Xxxxx agree that the Scope Book is intended, among other things, to establish the design parameters of the Project and was developed by Seller. BUYER HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FOR THE DESIGN OR ENGINEERING OF THE PROJECT OR ANY DESIGN OR ENGINEERING WORK PERFORMED, OR THAT SHOULD HAVE BEEN PERFORMED, HEREUNDER (INCLUDING ANY RESPONSIBILITY OR LIABILITY FOR CLAIMS OR LOSSES DUE OR ALLEGED TO BE DUE TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (I) FAILING TO REVIEW, PROPERLY COMMENT UPON OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY SUCH WORK, (II) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (III) COMMENTING UPON OR PROVIDING OTHER INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP REGARDING SUCH WORK, OR (IV) TAKING OR FAILING TO TAKE ANY OTHER ACTION REGARDING THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER), AND SELLER HEREBY ADOPTS AS ITS OWN ALL OF THE ENGINEERING AND DESIGN WORK HEREUNDER AND WAIVES ANY CLAIM IT MAY HAVE AGAINST BUYER IN RESPECT OF SUCH WORK (EXCEPT CLAIMS FOR CHANGE ORDERS OR BREACH OF BUYER’S OBLIGATIONS HEREUNDER). SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, SELLER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH MEMBER OF THE BUYER GROUP FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES FOR PERSONAL INJURY, ILLNESS, OR DEATH TO ANY PERSON NOT SPECIFIED IN SECTION 24.1 OR PROPERTY DAMAGE RESULTING FROM THE NEGLIGENT, IMPROPER, OR FAULTY DESIGN OR ENGINEERING OF THE PROJECT OR ANY PROJECT ASSET, EVEN IF SUCH PERSONAL INJURY, ILLNESS, OR DEATH OR PROPERTY DAMAGE IS DUE OR ALLEGED TO BE DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, FAULT, OR MISCONDUCT OF BUYER OR ANY OTHER MEMBER OF THE BUYER GROUP IN (A) FAILING TO REVIEW, PROPERLY COMMENT UPON, OR PROVIDE OTHER INPUT REGARDING, OR DISAPPROVE ANY OF SUCH WORK, (B) CONDUCTING OR FAILING TO CONDUCT ANY INSPECTION OR TEST OF THE DESIGN OR CONSTRUCTION OF THE PROJECT OR ANY PROJECT ASSET, (C) COMMENTING UPON OR PROVIDING INPUT TO SELLER OR ANY OTHER MEMBER OF THE SELLER GROUP, OR (D) TAKING OR FAILING TO TAKE ANY OTHER ACTION IN RESPECT OF THE ENGINEERING AND DESIGN WORK FOR WHICH SELLER IS RESPONSIBLE HEREUNDER. Seller shall ensure that the conceptual design and detailed design conforms to the Scope Book, as well as the other requirements of this Agreement, and will enable the Project to meet the Guaranteed LD Performance Test Requirements, Guaranteed PV Plant Availability, and Guaranteed XXXX Availability and Seller to achieve Final Completion. Without limiting any of its other obligations under this Agreement, Seller shall promptly notify and consult with Buyer if Seller or any of its Contractors or Subcontractors discovers any actual or apparent material error or inconsistency within the Scope Book or between the Scope Book and the main body of this Agreement or any Ancillary Agreement.