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-Build. Entity shall (1) correct Defective Work that becomes apparent during the progress of the work on the Project or during the Guarantee To Repair Period and (2) replace, repair, or restore to the District’s satisfaction any other parts of the work on the Project and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. The Design-Build Entity shall promptly commence such correction, replacement, repair, or restoration upon notice from the District’s Representative or the District, but in no case later than ten (10) days after receipt of such notice; and the Design-Build Entity shall diligently and continuously prosecute such correction to completion. The Design-Build Entity shall bear all costs of such correction, replacement, repair, or restoration, and all Losses resulting from such Defective Work, including additional testing, inspection, and compensation for the District’s Representative's services and expenses. The Design-Build Entity shall perform corrective work on the Project at such times that are acceptable to the District and in such a manner as to avoid, to the extent practicable, disruption to the District’s activities.
The Design-Build. Firm shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s accountants shall be afforded access to the Design- Build Firm’s records, books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda, and other data relating to this Project for audit purposes, and the Design-Build Firm shall preserve these records, documents and data for a period of four years after final payment, or for such longer period as may be required by law. The Design-Build Firm shall require all of its subcontractors likewise to retain such records, documents and data. If the Design-Build Firm receives notification of a dispute or the commencement of litigation regarding the Project within this four-year period, the Design-Build Firm shall continue to maintain all Project records until final resolution of the dispute or litigation.
The Design-Build. Firm shall meet with the Owner to review the GMP proposal and the written statement of its basis. In the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Design-Build Firm, who shall make appropriate adjustments to the GMP proposal, its basis or both.
