Common use of Design Responsibility Clause in Contracts

Design Responsibility. Notwithstanding that Town Bodies: (i) have review and approval rights in connection with the finalization of the Project Plans; and (ii) otherwise may participate in the process set forth in this Section (including that Town Bodies may hire consultants or other professionals in connection therewith), Company shall be responsible for the design and engineering of the Projects, and, as between Town Bodies and Company, Company assumes responsibility for defects and deficiencies in the design and engineering of the Projects (including, without limitation, defects in the Project Plans); provided that, nothing in this Subsection shall be deemed to prohibit Company from proceeding against any of its engineers, architects, or other consultants in the event of any design or engineering defects or deficiencies.