The Design. Builder shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Design-Builder brings to the site and negligently handles, or (2) where the Design-Builder fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.
The Design. Builder shall maintain an occurrence form commercial general liability policy or policies insuring against liability arising from premises (including loss of use thereof), personal injury or death, advertising injury, liability insured under an insured contract (including the tort liability of another assumed in a business contract) occurring on or in any way related to the premises or occasioned by reason of the operations of Design-Builder. Such coverage shall be written on an ISO occurrence form (ISO Form CG 00 01 12 07 or a policy form providing equivalent coverage) in an amount of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 aggregate. Unless otherwise provided, the policy or policies of insurance providing the liability coverage shall include:
The Design. Builder shall designate in writing to the Owner a responsible individual whose duty shall be the prevention of accidents. This person shall coordinate all safety planning and activities with the Safety Director specified by the Design-Builder per Section A.3.2.13.
The Design. Build Firm shall pay all royalties and license fees for materials, methods, and systems incorporated in the Work. It shall defend all suits or claims for infringement of any patent rights and shall save the County harmless from loss on account thereof except when a particular design process or product is specified by the County. In such case the Design-Build Firm shall be responsible for such loss only if it has reason to believe that the design, process, or product so specified is an infringement of a patent, and fails to give such information promptly to the County.
The Design. Builder shall direct specific attention, in writing or on resubmitted design and construction documents or other submittals such as Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner and the Architect and its design/engineering consultants on previous submittals. In the absence of such written notice, the Owner’s approval and the Architect and its design/engineering consultant’s review of a resubmission shall not apply to such revisions.
The Design. Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design-Builder’s delays, improperly timed activities or defective construction.
The Design. 10.1. The Supplier shall prepare and submit to the IAA for its approval, within the stipulated dates set forth in the Approved Project Execution Plan, all the Design Documents specified in the Technical Specifications, and shall include both basic and detailed design (the “Design Documents”).
10.2. In the preparation of the Design Documents, the Supplier is required to suggest the most suitable solutions for the design of the System and the execution of the Works according to its experience and expertise, while adhering to the conceptual principles set forth in the Technical Specifications and the requirements of the IAA. The Design Documents shall incorporate the design for the System as a whole, including any and all interfaces between the different Components of the System.
10.3. When preparing the Design Documents, the Supplier must take into account the interfaces of the System (physical or technological) with the Interfacing Factors and shall set forth in detail in the Design Document all the specific requirements and necessary infrastructures for integrating the System with the IAA's Infrastructures, including its installation in the Terminal building. The Supplier shall be responsible to approach the relevant Interfacing Factors, with the assistance of the IAA, and to obtain from them any information that may be required for the performance of these interfaces and for incorporating them into the Design Documents. In addition, the Supplier shall be responsible to present to the Interfacing Factors its proposed design for the interfaces with the IAA's Infrastructures and coordinate with them before submitting the design to the IAA for its approval.
10.4. The Supplier shall carefully examine the design documents and the infrastructures prepared by the Terminal Main Contractor as well as the design documents of the other IAA's Infrastructures and shall notify the IAA immediately and in any event no later than the submittal of the System Design Documents, if there are any adjustments required to be made in the terminal building and the infrastructures to be built to accommodate the System or if any design changes need to be made regarding the IAA Infrastructures (physical or technological). Any additional changes or adjustments to the infrastructures that may be required following the submittal of the Design Documents shall be at the Supplier's sole expense, and the Supplier hereby waives and shall be precluded from raising any claim and/or demand again...
The Design. The Developer has provided to the District a design consisting of plan and profile drawings of the Sewer Improvements (the “Design”) for review by the District. If directed by the District, the Design provides for the extension and, if necessary, upsizing of Developer’s sewer main line(s) to 1 See Section 2, below. adjacent property boundaries. The Developer has incorporated the District Engineer’s recommendations, if any, into the Design and the District Engineer has given its approval of the Design.2
The Design. Builder shall maintain its payroll records under the Contract in the regular course of business for a period of at least three (3) years from the payroll date, and shall include this requirement in its subcontracts for $15,000 or more under the Contract.
The Design. Build Entity shall proceed expeditiously with adequate forces and shall achieve full completion of the work by the Contract Time. If the City’s Representative determines and notifies the Design Build Entity that the Design Build Entity’s progress is such that the Design Build Entity will not achieve full completion of the work by the Contract Time, the Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that the entire Project is completed within the Contract Time. Upon receipt of such notice from the City’s representative, the Design Build Entity shall immediately notify the City’s Representative of all measures to be taken to ensure full completion of the work within the Contract Time. The Design Build Entity shall reimburse the City for any extra costs or expenses (including the reasonable value of any services provided by the City’s employees) incurred by the City as the result of such measures.
