Common use of The Design Clause in Contracts

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 other applicable provisions of this Contract. 13.8. Notwithstanding any approval or rejection by the IAA of the Design Documents, the Supplier shall, pursuant to the provisions of this Contract, be responsible for any errors, omissions, ambiguities, inconsistencies, inadequacies and other defects in the Design Documents. The Supplier shall, at its own cost, rectify such faults and carry out any alterations or remedial work made necessary in the Works by such faults. 13.9. It is hereby clarified, that the approval by the IAA of the Design Documents shall not relieve the Supplier of any of its obligations under this Contract and shall not derogate from the full and complete responsibility of the Supplier's undertakings stipulated in the Contract including its responsibility for the completion of the Project in accordance to the Technical Requirements and on schedule. It is further clarified, that the approval by IAA and/or anyone on its behalf of any part of the Design Documents shall not impose any liability on the IAA and the Supplier herby waives irrevocably and shall be prevented from arising any claim and/or suit of any kind in this respect.

The Design. 13.111.1. The Supplier shall prepare and submit to the IAA for its approval, within the stipulated dates set forth specified in the Approved Project Execution PlanDetailed Schedule, all the Design Documents design documents as specified in Section 7.3 of the Technical RequirementsSpecifications, including, without limitation, which shall include basic design prepared for all the Revised Requirements Definition Document, Systems as well as a detailed design for each Sub-Project and Site where the System Architecture, the High Level Design and Detailed Design Documents Project will be implemented (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. 13.311.2. 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 Requirements 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. 13.411.3. When preparing the Design Documents, the Supplier must take into account all interfaces of the System (physical or technological) 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. The Supplier shall be responsible to obtain from the IAA and/or anyone on its behalf any information that may be required for the performance of these interfaces and for incorporating all interfacing factors into the design. In addition, the Supplier shall be responsible to present to any of 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. 11.4. The Supplier shall carefully examine the information provided by the IAA and shall notify the IAA immediately and in any event no later than the submittal of the 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 against the IAA and/or anyone on its behalf in this respect. 11.5. 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 RequirementsSpecifications, the Supplier's Proposal, the instructions of the IAA issued under this Contract, and with all applicable standards and good industry practices. 13.511.6. 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 11 shall apply with respect to each item resubmitted. 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. 13.711.7. To remove any doubts, it 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 other applicable provisions of this Contract. 13.811.8. Notwithstanding any approval or rejection by the IAA of the Design Documents, the Supplier shall, pursuant to the provisions of this Contract, be responsible for any errors, omissions, ambiguities, inconsistencies, inadequacies and other defects in the Design Documents. The Supplier shall, at its own cost, rectify such faults and carry out any alterations or remedial work made necessary in the Works by such faults. 13.911.9. It is hereby clarified, that the approval by the IAA of the Design Documents shall not relieve the Supplier of any of its obligations under this Contract and shall not derogate from the full and complete responsibility of the Supplier's undertakings stipulated in the Contract including its responsibility for the completion of the Project in accordance to the Technical Requirements Specifications and on schedule. It is further clarified, that the approval by IAA and/or anyone on its behalf of any part of the Design Documents shall not impose any liability on the IAA and the Supplier herby waives irrevocably and shall be prevented from arising any claim and/or suit of any kind in this respect.

The Design. 13.112.1. The Supplier shall prepare and submit to the IAA for its approval, within the stipulated dates set forth specified in the Approved Project Execution Plan, all the Design Documents specified in Section 7.3 the Technical Specifications, and shall include both basic and detailed design for both stages of the Technical Requirements, including, without limitation, the Revised Requirements Definition Document, the System Architecture, the High Level Design and Detailed Design Documents Project (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. 13.312.2. 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 Requirements 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. 13.412.3. When preparing the Design Documents, the Supplier must take into account all interfaces of the System (physical or technological) 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. The Supplier shall be responsible to approach the relevant contractors, 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 all interfacing factors into the design. 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. 12.4. The Supplier shall carefully examine the Design Documents and the infrastructures prepared by the Main Contractor for the Construction of Concourse E 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 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 against the IAA and/or anyone on its behalf in this respect. Notwithstanding any of the above, the Supplier acknowledges and agrees that, certain information and data of the possible interfaces may not be available at the time when the Design Documents will be submitted. Without derogating from the Supplier's responsibility for the full interfaces, the Supplier will be responsible for updating the Design Documents and including any interfacing factors and for submitting it to the IAA's approval, at its expense. 12.5. 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 RequirementsSpecifications, the Supplier's Proposal, the instructions of the IAA issued under this Contract, and with all applicable standards and good industry practices. 13.512.6. 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 12 shall apply with respect to each item resubmitted. 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. 13.712.7. To remove any doubts, it 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 other applicable provisions of this Contract. 13.812.8. Notwithstanding any approval or rejection by the IAA of the Design Documents, the Supplier shall, pursuant to the provisions of this Contract, be responsible for any errors, omissions, ambiguities, inconsistencies, inadequacies and other defects in the Design Documents. The Supplier shall, at its own cost, rectify such faults and carry out any alterations or remedial work made necessary in the Works by such faults. 13.912.9. It is hereby clarified, that the approval by the IAA of the Design Documents shall not relieve the Supplier of any of its obligations under this Contract and shall not derogate from the full and complete responsibility of the Supplier's undertakings stipulated in the Contract including its responsibility for the completion of the Project in accordance to the Technical Requirements Specifications and on schedule. It is further clarified, that the approval by IAA and/or anyone on its behalf of any part of the Design Documents shall not impose any liability on the IAA and the Supplier herby waives irrevocably and shall be prevented from arising any claim and/or suit of any kind in this respect.

The Design. 13.110.1. 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 RequirementsSpecifications, including, without limitation, the Revised Requirements Definition Document, the System Architecture, the High Level Design and Detailed Design Documents shall include both basic and detailed design (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. 13.310.2. 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 Requirements 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. 13.410.3. 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 against the IAA and/or anyone on its behalf in this respect. Notwithstanding any of the above, the Supplier acknowledges and agrees that, certain information and data of the possible interfaces may not be available at the time when the Design Documents will be submitted. Without derogating from the Supplier's responsibility for the full interfaces, the Supplier will be responsible for the coordination with the Interfacing Factors and for updating the Design Documents and submitting it to the IAA's approval, at its expense. In light of these obligations, the Supplier may be required to be present at the Site during the construction of the relevant Interfacing Factors in order to instruct such other contractors of any adjustments that need to be made in real time. 10.5. 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 RequirementsSpecifications, the Supplier's Proposal, the instructions of the IAA issued under this Contract, and with all applicable standards and good industry practices. 13.510.6. 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 10 shall apply with respect to each item resubmitted. 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. 13.710.7. 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 other applicable provisions of this Contract. 13.810.8. Notwithstanding any approval or rejection by the IAA of the Design Documents, the Supplier shall, pursuant to the provisions of this Contract, be responsible for any errors, omissions, ambiguities, inconsistencies, inadequacies and other defects in the Design Documents. The Supplier shall, at its own cost, rectify such faults and carry out any alterations or remedial work made necessary in the Works by such faults. 13.910.9. It is hereby clarified, that the approval by the IAA of the Design Documents shall not relieve the Supplier of any of its obligations under this Contract and shall not derogate from the full and complete responsibility of the Supplier's undertakings stipulated in the Contract including its responsibility for the completion of the Project in accordance to the Technical Requirements Specifications and on schedule. It is further clarified, that the approval by IAA and/or anyone on its behalf of any part of the Design Documents shall not impose any liability on the IAA and the Supplier herby waives irrevocably and shall be prevented from arising any claim and/or suit of any kind in this respect.