Common use of Deviation from Design Clause in Contracts

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("Engineer Responsible Parties") against claims arising out of Engineer's design, if there has been, in the completion of the Phase I Activities and the Phase II Activities, a deviation from the design beyond the Engineer's control or failure to follow Engineer's recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I Activities and the Phase II ActivitiesSite work required of Client prior to the issuance of a Notice to Proceed pursuant to the Design-Build Agreement, a deviation from the design beyond the Engineer's control or failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I Activities Deliverable Site and the Phase II ActivitiesFinal Civil Design Plan, a deviation from the design beyond the failure, other than by an affiliate of Engineer's control or failure , to follow Engineer's ’s written recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I Activities and the Phase II ActivitiesSite work required of Client prior to the issuance of a Notice to Proceed pursuant to the Design- Build Agreement, a deviation from the design beyond the Engineer's control or failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I Activities Deliverable February 6, 2006 6 Site and the Phase II ActivitiesFinal Civil Design Plan, a deviation from the design beyond the failure, other than by an affiliate of Engineer's control or failure , to follow Engineer's ’s written recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I Activities and Site work required of Client prior to the Phase II Activitiesissuance of a Notice to Proceed pursuant to the Design-Build Agreement, a deviation from the design beyond the Engineer's control or failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control Cardinal Ethanol, LLC Phase I and Phase II Engineering Agreement December 13, 2005 or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I Activities and the Phase II ActivitiesSite work required of Client prior to the issuance of a Notice to Build Agreement, a deviation from the design beyond the Engineer's control or failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.