Common use of Claims Services and Cooperation With Litigation Clause in Contracts

Claims Services and Cooperation With Litigation. 3.13.1 During the duration of the Work, the Commissioning Agent shall provide any services which may be required to review and evaluate claims relating to the Project design or execution or progress of Project construction, so long as the Commissioning Agent is qualified to provide such interpretation and it relates to aspects of the Work for which the Commissioning Agent is responsible. Such services shall be rendered by the Commissioning Agent, on-time and on- budget, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Commissioning Agent is not a party. The Commissioning Agent shall provide any services that may be required to review and evaluate claims (whether submitted pre-litigation or during litigation) relating to the provision of the Services, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Commissioning Agent is not a party. During the duration of the Project, at no additional cost to the School District, except where the Commissioning Agent is not a party, the Commissioning Agent shall assist the School District in the investigation and defense of any claims which arise from the commissioning plans, specifications, reports, logs, checklists or other documents prepared by the Commissioning Agent or its Subconsultants or which result solely from the breach of contract, errors, omissions or negligence of the Commissioning Agent or its Subconsultants. At no additional cost to the School District, except where the Commissioning Agent is not a party, the Commissioning Agent shall assist the School District in the investigation and defense of any claims (whether submitted pre-litigation or during litigation) which arise from the provision of the Services, or which result solely from the Commissioning Agent’s breach of contract, errors, omissions or negligence.

Claims Services and Cooperation With Litigation. 3.13.1 3.14.1 During the duration of the WorkProject, the Commissioning Agent Material Testing Consultant shall provide any services which may be required to review and evaluate claims relating to the Project design or execution or progress of Project construction, or the interpretation of the Construction Documents submitted in connection with the work on the Project, so long as the Commissioning Agent Material Testing Consultant is qualified to provide such interpretation and it relates to aspects of the Work Project for which the Commissioning Agent Material Testing Consultant is responsible. Such services shall be rendered by the Commissioning AgentMaterial Testing Consultant, on- time and on-time and on- budget, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Commissioning Agent Material Testing Consultant is not a party. The Commissioning Agent Material Testing Consultant shall provide any services that may be required to review and evaluate claims (whether submitted pre-litigation or during litigation) relating to the provision of the Services, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Commissioning Agent Material Testing Consultant is not a party. During the duration of the Project, at no additional cost to the School District, except where the Commissioning Agent Material Testing Consultant is not a party, the Commissioning Agent Material Testing Consultant shall assist the School District in the investigation and defense of any claims which arise from the commissioning planslogs, specificationstests, reports, logstables, checklists figures, photographs, exhibits, certifications or other documents prepared by the Commissioning Agent Material Testing Consultant or its Subconsultants or which result solely from the breach of contract, errors, omissions or negligence of the Commissioning Agent Material Testing Consultant or its Subconsultants. At no additional cost to the School District, except where the Commissioning Agent Material Testing Consultant is not a party, the Commissioning Agent Material Testing Consultant shall assist the School District in the investigation and defense of any claims (whether submitted pre-litigation or during litigation) which arise from the provision of the Services, or which result solely from the Commissioning AgentMaterial Testing Consultant’s breach of contract, errors, omissions or negligence.

Claims Services and Cooperation With Litigation. 3.13.1 3.14.1 During the duration of the WorkProject, the Commissioning Agent shall provide any services which may be required to review and evaluate claims relating to the Project design or execution or progress of Project construction, or the interpretation of the Construction Documents submitted in connection with the work on the Project, so long as the Commissioning Agent is qualified to provide such interpretation and it relates to aspects of the Work Project for which the Commissioning Agent is responsible. Such services shall be rendered by the Commissioning Agent, on-time and on- on-budget, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Commissioning Agent is not a party. The Commissioning Agent shall provide any services that may be required to review and evaluate claims (whether submitted pre-litigation or during litigation) relating to the provision of the Services, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Commissioning Agent is not a party. During the duration of the Project, at no additional cost to the School District, except where the Commissioning Agent is not a party, the Commissioning Agent shall assist the School District and the Program Manager in the investigation and defense of any claims which arise from the commissioning plans, plats, drawings, specifications, reports, logs, checklists or other documents prepared by the Commissioning Agent or its Subconsultants or which result solely from the breach of contract, errors, omissions or negligence of the Commissioning Agent or its Subconsultants. At no additional cost to the School District, except where the Commissioning Agent is not a party, the Commissioning Agent shall assist the School District and the Program Manager in the investigation and defense of any claims (whether submitted pre-litigation or during litigation) which arise from the provision of the Services, or which result solely from the Commissioning Agent’s breach of contract, errors, omissions or negligence.