Sole Responsibility and Liability Sample Clauses

Sole Responsibility and Liability. The Design-Builder shall have the sole and exclusive responsibility and liability for the design, construction and performance of the Design-Build Improvements hereunder and the preparation of all plans, specifications, drawings, blueprints and other Design Documents necessary or appropriate to complete the Design Build Work. As of the Contract Date, the Design-Builder’s design for the Design-Build Improvements is not complete. All working and final Design Documents proposed by the Design-Builder shall comply with the Design and Construction Requirements set forth in Appendix 2 (Design and Construction Requirements) and shall ensure that the Design-Build Improvements are constructed to a standard of quality, integrity, durability and reliability which is equal to or better than the standard established by the Design and Construction Requirements. The Design-Builder shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all Design Documents and shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in the Design Documents.
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Sole Responsibility and Liability. The Company shall have the sole and exclusive responsibility and liability for the construction of the Design/Build Improvements for Phase I of the Landfill hereunder, and for the design, construction and performance of the Design/Build Improvements for Phases II through V of the Landfill.
Sample 1
Sole Responsibility and Liability. The Technical Standards are intended to include the basic design principles, concepts and requirements for the Design-Build Work, but do not include the final, detailed design, plans or specifications or indicate or describe each and every item required for full performance of the Design-Build Work or for achieving Acceptance. The Company assumes responsibility for the final design and agrees to prepare all necessary and required, complete and detailed designs, plans, Drawings and specifications and to furnish and perform the Design-Build Work in conformity with the Contract Standards and its final designs, plans, Drawings and specifications based thereon. The Company further agrees that it shall not have the right to bring any claim whatsoever against SRWA, the SRWA Engineer, or any of SRWA consultants or subcontractors arising out of any design Drawings, specifications or Technical Standards included in the RFP or made available during the procurement process. Rather, the Company shall have the sole and exclusive responsibility and liability for the design and construction of the Regional Water Facilities and performance of the Design-Build Work. The Company acknowledges that, in the Proposal and negotiation and clarification process leading to the execution of this Contract, the Company had the unrestricted right and opportunity to negotiate changes and clarifications to the Contract, not submit a Proposal, or not approve this Contract if the Company had determined that such minimum conceptual design criteria would in any manner or to any degree impair the Company’s ability to perform the Design-Build Work in compliance herewith.
Sample 1
Sole Responsibility and Liability. The Design-Builder shall have the sole and exclusive responsibility and liability for the design[ (except with respect to the Tacoma Water main, if applicable)], construction, and performance capability of the Project hereunder in accordance with the Contract Standards, (1) notwithstanding the fact that the RFP included certain design criteria, requirements and performance standards for the Design-Build Work, and (2) the City’s role in defining the nature and extent of the Stage 1 Preliminary Services, reviewing and commenting on the Stage 1 Preliminary Services Deliverable Material, and negotiating and agreeing upon the GMP Amendment. The Design-Builder acknowledges that, in the RFP process, the performance of the Stage 1 Preliminary Services, the delivery of the GMP Submittal and the negotiation of the GMP Amendment, the Design-Builder had the unrestricted right and opportunity not to submit its Proposal and not to execute this Design-Build Contract or the GMP Amendment if the Design-Builder had determined that such design criteria and requirements or the establishment of the Contract Standards would in any manner or to any degree impair the Design-Builder’s ability to perform the Design-Build Work in compliance herewith. Without limiting the Design-Builder’s right to claim relief in the event of Uncontrollable Circumstances as and to the extent provided in this Design-Build Contract, all risks relating to the design [(except with respect to the Tacoma Waster water main, if applicable)], construction and performance capability of the Project, including all risks of design defects, constructability and efficacy, have been transferred to the Design-Builder under this Design-Build Contract.
Sample 1
Sole Responsibility and Liability. The Lessee shall have the sole and exclusive responsibility and liability for the design, construction and performance of the Initial Capital Improvem ents hereunder, notwithstanding the Contract Standards or the fact that the RFP included certain minimum conceptual design criteria for the ICI Design/Build Work and certain performance standards that the Initial Capital Improvem ents would be required to meet. The Lessee acknowledges that, in the proposal and negotiating process leading to the execution of this Lease Agreement, the Lessee had the unrestricted right and opportunity not to submit a proposal, and not to execute this Lease Agreement if the Lessee had determined that such minimum conceptual design criteria would in any manner or to any degree impair the Lessee's ability to perform the ICI Design/Build Work and the Lessee Responsibilities in compliance herewith.
Sample 1
Sole Responsibility and Liability. The DBOM Contractor shall have the sole and exclusive responsibility and liability for the design, construction, operation and performance of the Project and the execution and completion of the Design-Build Work hereunder in accordance with the Contract Standards, notwithstanding the fact that the Stage-2 RFP included certain minimum conceptual design criteria for the Design-Build Work and certain performance standards that the Project would be required to meet. The DBOM Contractor acknowledges that, in the Proposal and clarification process leading to the execution of this Service Agreement, the DBOM Contractor had the unrestricted right and opportunity not to submit its Proposal, and not to execute this Service Agreement if the DBOM Contractor had determined that such minimum conceptual design criteria would in any manner or to any degree impair the DBOM Contractor’s ability to perform the Design-Build Work and the Operation Services in compliance herewith. Without limiting the DBOM Contractor’s right to claim relief in the event of Uncontrollable Circumstances as and to the extent provided in this Service Agreement, all risks relating to the design, construction and performance and operation of the Project and the execution and completion of the Design-Build Work, including all risks of design defects, constructability and efficacy, have been transferred to the DBOM Contractor under this Service Agreement.
Sample 1
Sole Responsibility and Liability. The Design-Build Contractor shall have the sole and exclusive responsibility and liability for the design, construction, performance, commissioning and Acceptance of the Project hereunder, notwithstanding the Design-Build Standards or the fact that the RFP for the Design-Build Work may have included certain minimum design criteria for the Design-Build Work and certain performance standards that the Project would be required to meet. The Design-Build Contractor acknowledges that, in the proposal and clarification process leading to the execution of this Design-Build Agreement, the Design-Build Contractor had the unrestricted right and opportunity not to submit a proposal, and not to execute this Design-Build Agreement if the Design-Build Contractor had determined that such minimum design criteria would in any manner or to any degree impair the Design-Build Contractor’s ability to perform the Design-Build Work in compliance herewith.
Sample 1
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Related to Sole Responsibility and Liability

  • Warranties and Liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

  • Indemnification and Liability A. Neither the Contractor, OSC, nor the State shall be liable for any delay or failure in performance beyond its control resulting from acts of war, hostility or sabotage; act of God; electrical, internet or telecommunications outage that is not caused by the obligated party; or government restrictions, or other force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such force majeure events upon performance of their respective duties under this Agreement. If such event continues for more than 90 days, either party may terminate all or any agreed upon portion of the Agreement immediately upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures, or OSC’s obligation to pay for Services provided by the Contractor which have been approved by OSC.

  • Insurance and Liability 13.1 The Contractor shall pay UNDP promptly for all loss, destruction, or damage to the property of UNDP caused by the Contractor’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Contractor or any of its subcontractors in the performance of the Contract.

  • Disclaimer and Limitation of Liability PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

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