Common use of DESIGN AND WORKMANSHIP Clause in Contracts

DESIGN AND WORKMANSHIP. written waiver from the Subcontractor's employees or sub-consultants of any rights that they may have in respect of the same. The Subcontractor shall supply to the Contractor on request (after as well as before the termination of this Subcontract under these Conditions) copies of the Documents. Without prejudice to any implied warranties or conditions, the Subcontractor acknowledges warrants and agrees with the Contractor that: it has full responsibility for all aspects of the design and design development of the Subcontract Works which the Subcontractor is required to design (including any design for such parts contained in the Subcontract Order (whether or not prepared by or on behalf of the Employer and/or the Contractor), by any provision of this Subcontract; it is experienced in carrying out work of a similar type, nature and complexity to the Subcontract Works; it has and will execute the design of the Subcontract Works using all the reasonable skill, care and diligence reasonably to be expected of a skilled and competent architect, engineer or other appropriate professional designer holding itself out as competent to take on design work for work of a similar type, nature and complexity to the Subcontract Works; it will execute the design and construction of the Subcontract Works in accordance: (a) with good up to date practice taking account of all prevailing codes of practice, BSI British Standards/The National Standards Body recommendations, manufacturers recommendation; and (b) any relevant construction phase plan; the Subcontract Works when completed will comply with the Statutory Requirements, the Necessary Consents, all environmental requirements and any performance specification or requirement included in or reasonably to be inferred from the Subcontract or from any change to the same. it is deemed to have included for all things necessary to complete the Subcontract Works whether set out in the Subcontract or otherwise; If the provision of the Subcontract Works by the Subcontractor leads to or would lead to the infringement of any patent, copyright, design or other proprietary right or any other intellectual property right of any third party the Subcontractor shall indemnify the Contractor against all resulting costs, claims, demands, actions or damages.

DESIGN AND WORKMANSHIP. written waiver from The Supplier shall carry out and complete the Subcontractor's employees or sub-consultants of any rights that they may have in respect of the same. The Subcontractor shall supply to the Contractor on request (after as well as before the termination of this Subcontract under these Conditions) copies of the Documents. Without prejudice to any implied warranties or conditions, the Subcontractor acknowledges warrants and agrees Supply Works with the Contractor that: it has full responsibility for all aspects of the design and design development of the Subcontract Works which the Subcontractor is required to design (including any design for such parts contained in the Subcontract Order (whether or not prepared by or on behalf of the Employer and/or the Contractor), by any provision of this Subcontract; it is experienced in carrying out work of a similar type, nature and complexity to the Subcontract Works; it has and will execute the design of the Subcontract Works using all the reasonable due skill, care and diligence reasonably so as to be expected of a skilled and competent architect, engineer or other appropriate professional designer holding itself out as competent to take on design work for work of a similar type, nature and complexity to the Subcontract Works; it will execute the design and construction of the Subcontract Works in accordance: (a) with good up to date practice taking account of all prevailing codes of practice, BSI British Standards/The National Standards Body recommendations, manufacturers recommendation; and (b) any relevant construction phase plan; the Subcontract Works when completed will comply with the Statutory Requirementsprovisions of this Agreement, the Necessary ConsentsProgramme, all environmental requirements and any performance specification or requirement included applicable Laws, the Lender's Performance Standards, Prudent Practice, Industry Standards including in or reasonably to be inferred from the Subcontract or from any change relation to the same. it is deemed to have included applicable standards and technical requirements for all things necessary to complete the Subcontract Works whether as set out in the Subcontract or otherwise; If Statement of Work, with properly equipped facilities and non-hazardous materials, except as otherwise specified in this Agreement. The Supplier warrants and undertakes to the provision Project Company that: The design and engineering of the Subcontract PV System and Spare Parts shall meet the standards of a Reasonable and Prudent Operator; the various elements of the PV System and Spare Parts shall be properly coordinated and integrated with one another; the PV System and Spare Parts shall be fit for the use and purpose for which the PV System and Spare Parts are intended; and the Supplier shall liaise with the Installation Contractor and share with the Installation Contractor all information, designs, technical specifications, drawings and data as may be necessary to ensure that: the PV System and Spare Parts will coordinate and integrate with the Balance of Plant; the Installation Contractor can design and engineer the Balance of Plant in order to coordinate and integrate with the PV System and Spare Parts; and the Facility shall be fit for the use and purpose for which the Facility is intended. The Supplier warrants that the Supply Works by shall: comprise new plant and materials; not contain any materials which at the Subcontractor leads time of use in the Works do not conform with Industry Standards; conform to or would lead all the specifications set out in this Agreement (including the Statement of Work); and be free from Defects in material, workmanship and title. At the time that title to the infringement PV System or any part of the PV System passes to the Project Company pursuant to Clause 11 (Ownership and Title): the Project Company shall have good and marketable title to the PV System or such part of the PV System; no instrument or other document shall be required to be delivered to the Project Company in order to evidence such title, or if any such instrument or other document is so required, then the Supplier shall have delivered such instrument or other document to the Project Company; and no component part or the whole of the PV Systems or the Supply Works shall be the subject of any patent, copyright, design or other proprietary right or any other intellectual property right retention of title in favour of any third party the Subcontractor shall indemnify the Contractor against all resulting costs, claims, demands, actions or damagessupplier thereof.

DESIGN AND WORKMANSHIP. written waiver from the Subcontractor's employees or sub-consultants of any rights that they may have in respect of the same. The Subcontractor shall supply to the Contractor on request (after as well as before the termination of this Subcontract under these Conditions) copies of the Documents. 5.1 Without prejudice to any implied warranties or conditions, the Subcontractor acknowledges warrants and agrees with the Contractor that: : 5.1.1 it has full responsibility for all aspects of the design and design development of the Subcontract Works which the Subcontractor is required to design (including any design for such parts contained in the Subcontract Order (whether or not prepared by or on behalf of the Employer and/or the Contractor), by any provision of this Subcontract; ; 5.1.2 it is experienced in carrying out work of a similar type, nature and complexity to the Subcontract Works; ; 5.1.3 it has and will execute the design of the Subcontract Works using all the reasonable skill, care and diligence reasonably to be expected of a skilled and competent architect, engineer or other appropriate professional designer holding itself out as competent to take on design work for work of a similar type, nature and complexity to the Subcontract Works; ; 5.1.4 it will execute the design and construction of the Subcontract Works in accordance: (a) with good up to date practice taking account of all prevailing codes of practice, BSI British Standards/The National Standards Body recommendations, manufacturers recommendation; and (b) any relevant construction phase plan; ; 5.1.5 the Subcontract Works when completed will comply with the Statutory Requirements, the Necessary Consents, all environmental requirements and any performance specification or requirement included in or reasonably to be inferred from the Subcontract or from any change to the same. . 5.1.6 it is deemed to have included for all things necessary to complete the Subcontract Works whether set out in the Subcontract or otherwise; ; 5.1.7 the Subcontract Sum is inclusive of all works whether permanent or temporary, materials and expenditure, which will be necessary to complete the Subcontract Works as described in or to be inferred from this Subcontract; 5.1.8 it shall carry out the Subcontract Works (including any design of the Subcontract Works for which it is responsible) without infringement of any rights, reservations, covenants, restrictions, stipulations or other encumbrances binding upon or affecting the site (save as may have been agreed in writing with the Contractor) insofar as details of the same have been made known to the Subcontractor; 5.1.9 it shall carry out the Subcontractor Works (including any design of the Subcontract Works for which it is responsible) to ensure proper integration, coordination and compatibility of the various components and elements that make up and comprise the Subcontract Works one with the other and with the other parts of the site. 5.2 The Contractor shall have a royalty-free irrevocable licence for the copyright and other intellectual property and design rights in all drawings, models, plans, elevations, sections, perspectives, design reports, specifications, bills of quantities, calculations and other works, information and documents (including those in computer generated form) produced or to be produced by or on behalf of the Subcontractor pursuant to the Subcontract Works ("the Documents") for all purposes in connection with the Works or its operation or use. The Subcontractor shall not be liable for the consequences of any use of the Documents for any purpose other than those for which the Subcontractor produced them. 5.3 The licence referred to in Clause 5.2 shall carry the right to grant sub-licences and shall be transferable to third parties and shall subsist notwithstanding the determination (for any reason) of these Conditions. 5.4 The Subcontractor agrees and undertakes that it hereby irrevocably waives any rights it may have pursuant to Chapter IV (Moral Rights) of Part 1 of the Copyright Designs and Patent Act 1988 in relation to the Documents and upon reasonable request from the Contractor at any time shall obtain a written waiver from the Subcontractor's employees or sub-consultants of any rights that they may have in respect of the same. 5.5 The Subcontractor shall supply to the Contractor on request (after as well as before the termination of this Subcontract under these Conditions) copies of the Documents. 5.6 If the provision of the Subcontract Works by the Subcontractor leads to or would lead to the infringement of any patent, copyright, design or other proprietary right or any other intellectual property right of any third party the Subcontractor shall indemnify the Contractor against all resulting costs, claims, demands, actions or damages.