Design and Lifecycle Responsibility Clause Samples

Design and Lifecycle Responsibility. (a) Project Co shall, as between itself and WGH, be responsible for, and shall rectify at its own expense, applying all or part of the Project Co Design Contingency and such additional funds as may be necessary, all of the following: (i) design issues arising under, with respect to or in connection with the Existing Design (and in particular, drawings and specifications) requiring clarification, information and/or further instruction in order to complete the Works and which are readily discoverable, reasonably inferable as forming part of the Works or contrary to Good Industry Practice; (ii) design coordination issues caused by inconsistencies, exclusions, conflicts, interferences or gaps contained within the Existing Design, and particularly, the plans, drawings and specifications; and (iii) design completion issues where the intent can be reasonably inferred in the Existing Design but not fully detailed or specified, (collectively, the "Project Co Construction Design Issues") through the Project Term. The terms "readily discoverable", "reasonably inferable" and "reasonably inferred" shall be interpreted by taking into consideration Project Co's and the Project Co Parties' experience, investigation and examination. (b) In addition to the Project Co Construction Design Issues and subject to Section 19, Project Co shall be responsible for: (i) any issues with respect to the functionality, durability, maintainability and lifecycle cost of the mechanical and electrical systems specified in the Existing Design, including whether such systems will be adequate to meet the Output Specifications on a consistent basis for the duration of the Operational Term and the Expiry Transition Requirements on the Expiry Date (the "Project Co M&E Design Issues"); and (ii) the operation and periodic replacement of all elements of the Facility, whether part of the mechanical and electrical systems or otherwise, including finishes, seals, structural components, hardware and building fabric, as required to achieve the Output Specifications for the duration of the Operational Term and the Expiry Transition Requirements on the Expiry Date, (collectively, the "Project Co Operating Design Issues"). (c) WGH shall, as between itself and Project Co, assume full responsibility and liability for the use of the Existing Design by Project Co, in all respects other than in respect of the Project Co Construction Design Issues and the Project Co Operating Design Issues (collectively, the "Proj...
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Related to Design and Lifecycle Responsibility

  • Customer Responsibility You agree that you are responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for the Service, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms of this Agreement. You agree that you are responsible for backing up (a) any data you submit, receive or transfer over the Service, including, without limitation, your email; and (b) any data, files, programs, or applications on any device you connect to the Service. You acknowledge that you are aware that content accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of your account by minors. You ratify and confirm any obligations incurred by a minor using your account.

  • Customer’s Responsibility The policies in this document apply to the use of Data by Customers, Redistributors and their End Customers. Customers are responsible for compliance with this policy by all members of the Customer’s Group and by all persons to whom they distribute Data where authorised to do so. Turquoise recommends that Customers make this Schedule available to all Subscribers to their services having access to Data which is subject to Charges, reporting requirements or usage restrictions.

  • Client Responsibility For clarity, the parties agree that in reviewing the documents referred to in clause (b) above, Patheon’s role will be limited to verifying the accuracy of the description of the work undertaken or to be undertaken by Patheon. Subject to the foregoing, Patheon will not assume any responsibility for the accuracy of any application for receipt of an approval by a Regulatory Authority. The Client is solely responsible for the preparation and filing of the application for approval by the Regulatory Authority and any relevant costs will be borne by the Client.

  • Contractor Responsibility (a) The Contractor shall be responsible for the entire Performance under the Contract regardless of whether the Contractor itself performs. The Contractor shall be the sole point of contact concerning the management of the Contract, including Performance and payment issues. The Contractor is solely and completely responsible for adherence by the Contractor Parties to all applicable provisions of the Contract. (b) The Contractor shall exercise all reasonable care to avoid damage to the State's property or to property being made ready for the State's use, and to all property adjacent to any work site. The Contractor shall promptly report any damage, regardless of cause, to the State.

  • Repair Responsibility Cracks exceeding 1/4 inch in width or 1/4 inch in vertical displacement will be repaired by patching or other remedies.