Common use of The Design Professional Clause in Contracts

The Design Professional. S certification of a Periodic Payment Estimate shall constitute a representation by the DESIGN PROFESSIONAL to the OWNER, based on the DESIGN PROFESSIONAL'S observations at the site, as provided in Subparagraph 1.6.6 and on the data comprising the Contractor's Periodic Payment Estimate, that the Work has progressed to the point indicated and that, to the best of the DESIGN PROFESSIONAL'S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Periodic Payment Estimate Form); and that the Contractor is entitled to payment in the amount certified. The Certification of Payment shall not be a representation that the DESIGN PROFESSIONAL has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

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The Design Professional. S certification of a Periodic Payment Estimate shall constitute a representation by the DESIGN PROFESSIONAL to the OWNER, based on the DESIGN PROFESSIONAL'S ’S observations at the site, as provided in Subparagraph subparagraph 1.6.6 and on the data comprising the Contractor's ’s Periodic Payment Estimate, that the Work has progressed to the point indicated and that, to the best of the DESIGN PROFESSIONAL'S ’S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Periodic Payment Estimate Form); and that the Contractor is entitled to payment in the amount certified. The Certification of Payment shall not be a representation that the DESIGN PROFESSIONAL has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum.

Appears in 2 contracts

Samples: Professional Services Agreement, Public Works

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