Owner and Design. Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement.
Owner and Design. Builder waive all subrogation rights against each other, any Subcontractors, and separate contractors. if any, and any of their subcontractors, for damages caused by fire or other perils to the extent covered by property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
Owner and Design. Build Contractor agree and acknowledge that Owner is entering into this Agreement in reliance on Design/Build Contractor's represented expertise and ability to provide design/build services. Design/Build Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures.
Owner and Design. Build Contractor agree and acknowledge that Owner is entering into this Agreement in reliance on Design/Build Contractor's represented expertise and ability to provide design/build services. Design/Build Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of Owner in accordance with Owner’s requirements and procedures. The Design/Build Contractor represents, and agrees that it will perform its services in accordance with the usual and customary standards of Design/Build Contractor’s profession or business and in compliance with all applicable national, federal, state, municipal, laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the Project. Design/Build Contractor agrees to bear the full cost of correcting Design/Build Contractor’s negligent or improper work and services, those of its consultants, and any harm caused by the negligent or improper work or services. The Design/Build Contractor's duties shall not be diminished by any approval by Owner nor shall the Design/Build Contractor be released from any liability by any approval by Owner, it being understood that the Owner is ultimately relying upon the Design/Build Contractor’s skill and knowledge in performing the services required hereunder. The Design/Build Contractor represents and agrees that all persons connected with the Design/Build Contractor directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction over the Project if registration is required. The Design/Build Contractor represents and agrees to advise Owner of anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Design/Build Contractor (by the Owner or any other party) that is, in its opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished. The Design/Build Contractor represents and agrees to perform its services under this Agreement in an expeditious and economical manner consistent with good business practices and the interests of Owner. Design/Build Contractor represents and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under this Agreement. Design/Build Contractor represents and agree...
Owner and Design. Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed- upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data.
Owner and Design. Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Design-Builder understands that the time(s) for completion(s) set forth in these documents are essential to the Owner and a material consideration for this Agreement.
Owner and Design. Builder acknowledge that, as of the date of execution of this Agreement, Programming Services (as described in Section A.3.1 of Exhibit A) for the Project have not been performed. As a result, certain terms and conditions of this Agreement and Exhibit A have yet to be determined and agree out below. The parties agree that upon completion of Programming Services, Design-Build a proposal to increase the Guaranteed Maximum Price to perform the design services descri Exhibit A, including but not limited to preparing Construction Documents, and to perform t Services described in Sections A.3.2.11 through A.3.2.13 of Exhibit A. Design-Builder’s pr following: n as specifically set all submit to Owner in Section A.3.2 of .1 The proposed increase in the Guaranteed Maximum Price for the design serv
Owner and Design. Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents.
Owner and Design. Builder waive all rights against each other and their respective employees, agents, contractors, subcontractors and subsubcontractors, and design professionals for damages caused by risks covered by the property insurance except such rights as they may have to the proceeds of the insurance and such rights as the Design-Builder may have for the failure of the Owner to obtain and maintain property insurance in compliance with subsection 11.3.1.
Owner and Design. BUILDER each binds itself, its successors, assigns and legal representatives to the other party hereto, its successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.
