Common use of Architects and Engineers Clause in Contracts

Architects and Engineers. (a) Tenant shall have all authority, control and rights in selecting (including the procedures or methods of procurement and selection), terminating and replacing such design professionals as reasonably required for the design of the Ballpark, including the Architect who shall have the primary responsibility for the architectural design of the Ballpark and who shall meet the qualifications criteria stated in this Section 4.3. (b) The Architect shall be an architectural firm experienced in the design of sports and entertainment facilities of the nature contemplated herein. Tenant shall, to the extent authorized by law, contractually obligate the Architect to indemnify Tenant and its Affiliates and the City as joint indemnitees consistent with the provisions of Chapter 130, Texas Civil Practices and Remedies Code, and to maintain insurance (including errors and omissions coverage) for liabilities that may arise out of its design for the benefit of Tenant and the City as additional insureds to the extent that such additional insured status is commercially available without additional premium cost, in each case in form and substance not less than is customary for a City-operated design project with a scope similar to that of the Ballpark. The Landlord agrees that the Architect shall not be required to name the Landlord as an additional insured on its insurance policy for errors and omissions coverage. (c) Tenant shall require in its contracts with the Architect or structural engineer that the structural elements of the Ballpark be engineered in accordance with generally accepted engineering practices and engineered at a standard for an estimated useful life of the structural elements of not less than 40 years. In addition, Tenant shall require that, at a minimum, the Ballpark be designed to comply, in all material respects, with the current requirements of Major League Baseball when such design is made. (d) ▇▇▇▇▇▇ shall arrange for an architect or other qualified person selected by and contracting with Tenant to have on-site observation responsibilities of a standard at least comparable to that set forth in Section 3.6.2 of AIA Document B132, 2009. (e) Landlord acknowledges that ▇▇▇▇▇▇ has contracted with HKS, Inc., as the Architect, pursuant to agreement dated January 5, 2017 (the “Architect Agreement”).