DP’s Professional Responsibilities Clause Samples
The 'DP’s Professional Responsibilities' clause defines the duties and standards of conduct that the Design Professional (DP) must uphold while performing their services. Typically, this clause requires the DP to exercise the level of care, skill, and diligence that is standard in their profession, and may specify compliance with applicable laws, codes, and industry practices. By clearly outlining these expectations, the clause ensures that the DP is held accountable for the quality and legality of their work, thereby protecting the client from substandard performance or negligence.
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DP’s Professional Responsibilities. 2.2.1 To the maximum extent allowed by law, the DP shall be responsible for and shall indemnify, hold harmless and, if elected by Owner, defend the Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses to the extent alleged to arise or result from any negligence, recklessness, or intentional wrongful conduct or errors or omissions by DP or DP’s Subconsultants in the performance of the DP’s Basic Services or Additional Services (“Errors and Omissions Amounts”). DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the design services and contract administration called for by this Agreement.
2.2.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as defined in Section 2.1.2.19 of this Agreement and cause all Subconsultants it employs to meet this same criteria and same Standard of Care.
2.2.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the Agreement and applicable law to recover for any economic loss caused by DP’s actions, inactions, errors or omissions, DP acknowledges that a violation of the Standard of Care or a failure to apply the necessary technical skill, knowledge and judgment when performing its services causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.2.4 Although the Owner has the right to make claims in tort for professional negligence against DP as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any negligence, recklessness, or intentional wrongful con...
DP’s Professional Responsibilities. 2.2.1 The DP shall be responsible for and shall indemnify, hold harmless and defend the Owner with counsel selected by Owner, the Arizona Board of Regents, and the State of Arizona from any and all claims, demands, losses, damages, liabilities, costs and expenses arising or resulting from any errors or omissions in the documents prepared
2.2.2 DP agrees that in performing the design professional services to be performed under this Agreement, whether in the Design Phase or Construction Phase, or any subphase, it will apply the technical skills, knowledge and judgment that would be applied by other design and contract administration professionals in performing similar services as are called for by the Agreement and meet the applicable standard of care for such design and administrative services in the location in which the Professional Services are performed, at the time in which the Project Authorization is issued and cause all Subconsultants it employs to meet this same criteria and same standard of care.
DP’s Professional Responsibilities. 2.4.1 DP represents that it and the professional staff and Subconsultants it will assign to the project (registrants with the Arizona Board of Technical Registration and others), are fully qualified by education, technical training, and experience as professionals to perform the Professional Services called for by this DP Agreement.
2.4.2 DP agrees that in performing the Professional Services it will exercise the Standard of Care and cause its Subconsultants to exercise the same. DP will also cause all Subconsultants it employs to meet this same Standard of Care.
2.4.3 Notwithstanding the contractual and indemnity remedies provided to Owner under the DP Agreement and notwithstanding any applicable law barring recover for any economic loss caused by DP, DP acknowledges that a violation of the Standard of Care causing injury or damage to Owner is actionable and DP agrees that Owner may pursue as a remedy, in addition to any contractual or indemnity remedy, a tort claim for professional negligence against DP.
2.4.4 Although the Owner has the right to make claims in tort for professional negligence against DP, as the lead registrant of the design team for the negligence, recklessness, or intentional wrongful conduct or errors or omissions of DP or any of its Subconsultants, DP agrees it shall also be responsible for and shall indemnify and hold Owner, ABOR, and the State of Arizona harmless from any and all losses, expenses, damages, costs and injuries arising from or resulting from any