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 contract, the Program Manager shall provide any services which may be required to review and evaluate claims relating to the execution or progress of compliance, or the interpretation of the documents submitted in connection with the work on the AHERA program, so long as the Program Manager is qualified to provide such interpretation and it relates to aspects of the projects for which the Program Manager is responsible. Such services shall be rendered by the Program Manager, on-time and on-budget, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Program Manager is not a party. The Program Manager 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 Program Manager is not a party. During the duration of the Capital Project(s), at no additional cost to the School District, except where the Program Manager is not a party, the Program Manager shall assist the School District in the investigation and defense of any claims which arise from the estimates, analyses, recommendations, reports or other documents prepared by the Program Manager or its Subconsultants or which result solely from the breach of contract, errors, omissions or negligence of the Program Manager or its Subconsultants. At no additional cost to the School District, except where the Program Manager is not a party, the Program Manager 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 Program Manager’s breach of contract, errors, omissions or negligence.

Claims Services and Cooperation With Litigation. 3.13.1 3.12.1 During the duration of the contractthis Contract, the Program Construction Manager shall provide any services Services which may be required to review and evaluate claims relating to the execution or progress of complianceconstruction, or the interpretation of the documents Construction Documents submitted in connection with the work Work on the AHERA programassigned Project, so long as the Program Construction Manager is qualified to provide such interpretation and it relates to aspects of the projects Project for which the Program Construction Manager is responsible. Such services Services shall be rendered by the Program Construction Manager, on-time and on-budget, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Program Construction Manager is not a party. The Program Construction Manager shall provide any services 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 Program Construction Manager is not a party. During Throughout the duration of the Capital Project(s)this Project, at no additional cost to the School District, except where the Program Construction Manager is not a party, the Program Construction Manager shall assist the School District in the investigation and defense of any claims which arise from the estimates, analyses, recommendations, reports specifications or other documents prepared by the Program Construction Manager or its Subconsultants or which result solely from the breach of contract, errors, omissions or negligence of the Program Construction Manager or its Subconsultants. At no additional cost to the School District, except where the Program Construction Manager is not a party, the Program Construction Manager 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 Program Construction Manager’s breach of contract, errors, omissions or negligence.

Claims Services and Cooperation With Litigation. 3.13.1 During the duration of the this contract, the Program Construction Manager shall provide any services which may be required to review and evaluate claims relating to the execution or progress of complianceconstruction, or the interpretation of the documents Construction Documents submitted in connection with the work on the AHERA programassigned Project, so long as the Program Construction Manager is qualified to provide such interpretation and it relates to aspects of the projects assigned Project for which the Program Construction Manager is responsible. Such services shall be rendered by the Program Construction Manager, on-time and on-budget, without additional fee or compensation, unless they require participation or involvement in litigation or arbitration to which the Program Construction Manager is not a party. The Program Construction Manager 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 Program Construction Manager is not a party. During the duration of the Capital Project(s)this Project, at no additional cost to the School District, except where the Program Construction Manager is not a party, the Program Construction Manager shall assist the School District in the investigation and defense of any claims which arise from the estimates, analyses, recommendations, reports specifications or other documents prepared by the Program Construction Manager or its Subconsultants or which result solely from the breach of contract, errors, omissions or negligence of the Program Construction Manager or its Subconsultants. At no additional cost to the School District, except where the Program Construction Manager is not a party, the Program Construction Manager 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 Program Construction Manager’s breach of contract, errors, omissions or negligence.