Responsibility for Design. a. It is understood and agreed that this Agreement includes design services. The Private Entity agrees not to assign or transfer any of Private Entity’s interests in this Agreement. The Private Entity agrees not to transfer or delegate, to others, its responsibilities under this Agreement except the Private Entity shall be allowed to subcontract portions of the Scope of Work. The Private Entity may, by subcontract, engage persons who are design and engineering professionals to provide design services for the Project. The Private Entity represents that the design professionals providing services for the Project include Persons with required Virginia licenses and registrations or are otherwise permitted by law to provide such services. The Private Entity further represents that the structural, electrical, mechanical and other engineering disciplines provided for the design of the Project will be under the direct supervision of licensed professional engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia. b. The Private Entity is responsible to Owner for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Private Entity’s design professionals under this Agreement. The Private Entity must, without any changes to the CCL, GMP or schedule, correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs to the Owner, and, provided that such errors or deficiencies do not arise out of, or as a result of, information or directives furnished by Owner or Owner’s Representative, and further provided, that because of such errors or deficiencies the Work does not conform to the requirements of this Agreement. c. As part of the Private Entity's responsibility under this Agreement, the Private Entity shall ensure that the design and construction of the Project shall comply with all applicable Codes and Standards, including without limitation the Americans with Disabilities Act. d. Any Owner review, approval, or acceptance of, or payment for, any of the services required under this Agreement shall not be construed to and does not relieve Private Entity of any obligation under this Agreement. The Private Entity shall remain liable to the Owner for all damages caused by the Private Entity's performance of any Services furnished under this Agreement that fails to meet the requirements of this Agreement. e. The rights and remedies of the Owner provided for under this Agreement are in addition to any other rights and remedies provided by law.
Appears in 2 contracts
Sources: Design and Construction Agreement, Comprehensive Agreement
Responsibility for Design. a. It is understood and agreed that this Agreement includes design services. The Private Entity agrees not to assign or transfer any of Private Entity’s interests in this Agreement. The Private Entity agrees not to transfer or delegate, to others, its responsibilities under this Agreement except the Private Entity shall be allowed to subcontract portions of the Scope of Work. The Private Entity may, by subcontract, engage persons who are design and engineering professionals to provide design services for the Project. The Private Entity represents that the design professionals providing services for the Project include Persons with required Virginia licenses and registrations or are otherwise permitted by law to provide such services. The Private Entity further represents that the structural, electrical, mechanical and other engineering disciplines provided for the design of the Project will be under the direct supervision of licensed professional engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia.
b. The Private Entity is responsible to Owner for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Private Entity’s design professionals under this Agreement. The Private Entity must, without any changes to the CCL, GMP or schedule, correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs to the Owner, and, provided that such errors or deficiencies do not arise out of, or as a result of, information or directives furnished by Owner or Owner’s Representative, and further provided, that because of such errors or deficiencies the Work does not conform to the requirements of this Agreement.
c. As part of the Private Entity's responsibility under this Agreement, the Private Entity shall ensure that the design and construction of the Project shall comply with all applicable Codes and Standards, including without limitation the Americans with Disabilities Act.
d. Any Owner review, approval, or acceptance of, or payment for, any of the services required under this Agreement shall not be construed to and does not relieve Private Entity of any obligation under this Agreement. The Private Entity shall remain liable to the Owner for all damages caused by the Private Entity's performance of any Services furnished under this Agreement that fails to meet the requirements of this Agreement.
e. The rights and remedies of the Owner provided for under this Agreement are in addition to any other rights and remedies provided by law.
Appears in 1 contract
Sources: Comprehensive Agreement
Responsibility for Design. a. It is understood and agreed that this Agreement includes design services. The Private Entity agrees not to assign or transfer any of Private Entity’s interests in this Agreement. The Private Entity agrees not to transfer or delegate, to others, its responsibilities under this Agreement except the Private Entity shall be allowed to subcontract portions of the Scope of Work. The Private Entity may, by subcontract, engage persons who are design and engineering professionals to provide design services for the Project. The Private Entity represents that the design professionals providing services for the Project include Persons with required Virginia licenses and registrations or are otherwise permitted by law to provide such services. The Private Entity further represents that the structural, electrical, mechanical and other engineering disciplines provided for the design of the Project will be under the direct supervision of licensed professional engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia.
b. The Private Entity is responsible to Owner for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Private Entity’s design professionals under this Agreement. The Private Entity must, without any changes to the CCL, GMP or schedule, correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs to the Owner, and, provided that such errors or deficiencies do not arise out of, or as a result of, information or directives furnished by Owner or Owner’s Representative, and further provided, that because of such errors or deficiencies the Work does not conform to the requirements of this Agreement.
c. As part of the Private Entity's responsibility under this Agreement, the Private Entity shall ensure that the design and construction of the Project shall comply with all applicable Codes and Standards, including without limitation the VUSBC, the National Fire Protection Association Codes, the Uniform Federal Accessibility Standards, and the Americans with Disabilities Act, ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Handicapped Standards.
d. Any Owner review, approval, or acceptance of, or payment for, any of the services required under this Agreement shall not be construed to and does not relieve Private Entity of any obligation under this Agreement. The Private Entity shall remain liable to the Owner for all damages caused by the Private Entity's performance of any Services furnished under this Agreement that fails to meet the requirements of this Agreement.
e. The rights and remedies of the Owner provided for under this Agreement are in addition to any other rights and remedies provided by law.
Appears in 1 contract
Sources: Comprehensive Agreement
Responsibility for Design. a. It is understood and agreed agree that this Agreement includes design services. The Private Entity DB agrees not to assign or transfer any of Private EntityDB’s interests in this Agreement. The Private Entity DB agrees not to transfer or delegate, delegate to others, others its responsibilities under this Agreement except the Private Entity DB shall be allowed to subcontract portions of the Scope of Work. The Private Entity DB may, by subcontract, engage persons who are design and engineering professionals to provide design services for the Project. The Private Entity DB represents that the design professionals providing services for the Project include Persons with required Virginia licenses and registrations or are otherwise permitted by law to provide such services. The Private Entity DB further represents that the structural, electrical, mechanical and other engineering disciplines provided for the design of the Project will be under the direct supervision of licensed professional engineers who are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia.
b. The Private Entity DB is responsible to Owner for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Private EntityDB’s design professionals under this Agreement. The Private Entity DB must, without any changes to the CCL, GMP or schedule, correct any errors or deficiencies in any of the designs, drawings, specifications, and other Services, all at no costs cost to the Owner, Owner and, provided that such errors or deficiencies do not arise out of, or as a result of, information or directives furnished by Owner or Owner’s Representative, and further provided, that because of such errors or deficiencies the Work does not conform to the requirements of this Agreement.
c. As part of the Private Entity's DB’s responsibility under this Agreement, the Private Entity DB shall ensure that the design and construction of the Project shall comply with all applicable Codes and Standards, including without limitation the VUSBC, the National Fire Protection Association Codes, the Uniform Federal Accessibility Standards, and the Americans with Disabilities Act.
d. , Section 504, Rehabilitation Act 1973 Standards. Any Owner review, approval, or acceptance of, or payment for, any of the services Services required under this Agreement shall not be construed to and does not relieve Private Entity DB of any obligation under this Agreement. The Private Entity DB shall remain liable to the Owner for all damages caused by the Private Entity's DB’s performance of any Services furnished under this Agreement that fails to meet the requirements of this Agreement.
e. d. The rights and remedies of the Owner provided for under this Agreement are in addition to any other rights and remedies provided by law.
Appears in 1 contract
Sources: Comprehensive Agreement