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. 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. 13.1. 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 Section 7.3 of the Technical Requirements, including, without limitation, the Revised Requirements Definition Document, the System Architecture, the High Level Design and Detailed Design Documents (together, the “Design Documents”) for each System and for both Systems as a whole, as the case may be, and as required in the Technical Requirements.
13.2. As part of the Design Documents the Supplier will be required to detail and design the passive infrastructures required for the System (including communications rooms, servers, etc.) as specified in section 6.1.2 of the Technical Requirements. Said infrastructures shall be performed and prepared by the IAA.
13.3. 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 Requirements and the requirements of the IAA.
13.4. The design performed by the Supplier under this Contract shall be carried out in a diligent and professional manner, and shall conform to the specification stipulated in the Technical Requirements, the Supplier's Proposal, the instructions of the IAA issued under this Contract, and with all applicable standards and good industry practices.
13.5. All Design Documents executed by the Supplier shall be subject to the review and approval of the IAA. The Design Documents approved by the IAA shall be referred to herein as the “Approved Design Documents”, and all Works shall be carried out in accordance therewith.
13.6. Should the IAA reject and/or object to any part of the Design Documents proposed by the Supplier, the proposed design shall be returned to the Supplier, together with the review comments of the IAA. The Supplier shall furnish to the IAA a revised Design Documents (or any part thereof) incorporating all such comments, at the Supplier’s expense. The provisions of this section 13 shall apply with respect to each item resubmitted.
13.7. To remove any doubts, it is hereby emphasized that, notwithstanding the approval of the Design Documents, the IAA may subsequently require that changes in the design be made, and the Supplier shall carry out such changes in design, subject to the oth...
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 adjacent property boundaries. The Developer has incorporated the District 1 See Section 2, below. Engineer’s recommendations into the Design, if any, and the District Engineer has given its approval of the Design.2
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 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.
