Common use of Performance Requirements Clause in Contracts

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect shall perform the Services in accordance with the following requirements: 1. All plans, drawings, specifications, and other documents prepared by the Architect shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect); 2. All plans, drawings, specifications, and other documents prepared by the Architect pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect Design Professional shall perform the Services in accordance with the following requirements: 1. All plans, drawings, specifications, and other documents prepared by the Architect Design Professional shall be prepared in accordance with its standard of care set forth in this Agreement in an effort to accurately reflect, incorporate incorporate, and comply with all OSU Standards and policies, applicable statuteslaws, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, regulations and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of ArchitectDesign Professional); 2. All plans, drawings, specifications, and other documents prepared by the Architect Design Professional pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect Design Professional shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documentsdocuments prepared by the Design Professional and its Consultants. While Architect Design Professional cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect Design Professional throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect Design Professional will, at no additional cost to Owner, and regardless of the time of discovery of errors and omissions, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by ArchitectDesign Professional and its Consultants. Except as provided in Section VIII of this Agreement and at no additional cost, Architect Design Professional further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner of Services, plans, drawings, specifications and other documents prepared by the Design Professional will not relieve the Architect Design Professional of any responsibility for complying with the standard of care set forth herein. The Architect Design Professional is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided. 7. The Design Professional shall ensure that the Project complies with (1) all applicable codes; (2) the most current as of the date of permit submittal ADA Standards for Accessible Design, employing universal design principles as described in the Design and Construction Standards; (3) Requirements for Sustainable Development (“RSD”), as described in the Design and Construction Standards; and (4) applicable OSU Standards and policies. In addition the Design Professional shall ensure that the Project allows for access to programs, activities, and services in the most integrated setting possible;

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect shall perform the Services in accordance with the following requirements: 1. All plans, drawings, specifications, and other documents prepared by the Architect shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect); 2. All plans, drawings, specifications, and other documents prepared by the Architect pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards By execution of other professionals performing similar services under similar conditionsthis Agreement, the Architect shall specifically agrees to perform the Services in accordance with the following requirements: 1. All plans, drawings, specifications, and other documents prepared by the Architect shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect); 2. All plans, drawings, specifications, and other documents prepared by the Architect pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project;; SAMPLE 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards By execution of other professionals performing similar services under similar conditionsthis Agreement, the Architect shall Contractor specifically agrees to perform the Design Services in accordance with the following requirements: 1. All plansPlans, drawings, specificationsSpecifications, and other documents prepared by the Architect Contractor shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of ArchitectContractor); 2. All plansPlans, drawings, specificationsSpecifications, and other documents prepared by the Architect Contractor pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Design Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plansPlans, drawings, specificationsSpecifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect Contractor shall be responsible for any negligent inconsistencies or omissions in the plansPlans, drawings, specificationsSpecifications, and other documents. While Architect Contractor cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect Contractor throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect Contractor will, at no additional cost to Owner, correct any and all errors and omissions in the plansPlans, drawings, specificationsSpecifications, and other documents prepared by ArchitectContractor. Except as provided in Section VIII of this Agreement and at no additional cost, Architect Contractor further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the ProjectProject at no additional cost; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plansPlans, drawings, specificationsSpecifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect Contractor of any responsibility for complying with the standard of care set forth herein. The Architect Contractor is responsible for all Design Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Design Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect Engineer shall perform the Services in accordance with the following requirements: 1. i. All plans, drawings, specifications, and other documents prepared by the Architect Engineer shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, building codes, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect)intended; 2ii. All plans, drawings, specifications, and other documents prepared by the Architect Engineer pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3iii. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4iv. The Architect Engineer shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it It shall be the responsibility of Architect Engineer throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect Engineer will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by ArchitectEngineer. Except as provided in Section VIII of this Agreement and at no additional cost, Architect Engineer further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project;; and 5. v. The Owner's ’s review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect Engineer of any responsibility for complying with the standard of care set forth herein. The Architect Engineer is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards By execution of other professionals performing similar services under similar conditionsthis Agreement, the Architect shall specifically agrees to perform the Services in accordance with the following requirements: (1. ) All plans, drawings, specifications, and other documents prepared by the Architect shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect); (2. ) All plans, drawings, specifications, and other documents prepared by the Architect pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; (3. ) The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; (4. ) The Architect shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII 8, "Additional Services," of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; (5. ) The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services.; (6. ) The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition The following conditions must be satisfied by the Company for the entire term of this Agreement in order for the Company to performing qualify for the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditionsGrants (collectively, the Architect “Performance Requirements”): a. Promptly upon the construction and completion of the Infrastructure for each phase, the Company shall perform deliver (or cause to be delivered) to City documentation of final acceptance by the Services in accordance with City of the following requirements:construction and completion of the Infrastructure for each such phase; and 1. All plansb. On or before five (5) years after the Effective Date, drawings, specificationsthe Company and/or others shall obtain certificate(s) of occupancy from the City for at least Fifty Thousand (50,000) gross square feet of Facilities on the Property, and the Company shall promptly deliver (or cause to be promptly delivered) documentation evidencing such certificate(s) of occupancy to the City upon obtaining such certificate(s) of occupancy; and c. On or before five (5) years after the Effective Date, the Company shall invest or cause to be invested (including causing any third party(ies) to invest) collectively at least Seven Million Dollars ($7,000,000.00) in real property improvements and business personal property at the Facilities, including, without limitation, the cost of the Infrastructure, the cost of the land and other documents prepared by costs related to the Architect development of the Facilities on the Property, and the Company shall accurately reflectpromptly deliver (or cause to be promptly delivered) to the City documentation reasonably acceptable to the City verifying such investments; and d. Once the Performance Requirements have been satisfied, incorporate and the Company shall continuously comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which Performance Requirements that are applicable of a continuing nature as set forth in this Paragraph 3 of this Agreement; and e. With respect to the design design, development and construction of the ProjectInfrastructure and the Facilities that the Company is designing, developing and constructing, Company shall be complete and functional for comply with all Applicable City Regulations. To the extent Company contracts with one or more third parties to undertake any aspect of such design, development or construction, it shall contractually require that all such third parties comply with all Applicable City Regulations. For the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect); 2. All plansthis paragraph, drawings“Applicable City Regulations” mean City Code provisions, specificationsordinances, design standards, uniform codes, and other documents prepared policies duly adopted by the Architect pursuant to this Agreement shall accurately reflect existing conditions for City including without limitation any such regulations or requirements that were affected by the scope passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Services to be performed; 3TEX. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.GOV’T CODE; and

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect The Supplier shall perform the Services in accordance with the following operational requirements: 1. All plans, drawings, performance specifications, service levels and other documents prepared by performance standards set out in the Architect Contract Documents (the “Performance Requirements”). The Supplier shall accurately reflect, incorporate and comply with all OSU Standards and of the Authority’s policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction extent applicable in connection with the Supplier’s performance of the ProjectServices, including its human resources, privacy and information security policies as of the date that copies of such policies (and, in the case of modifications, the date such modifications) are delivered to the Supplier, provided that such policies are not inconsistent with this Agreement, do not impose additional costs on the Supplier, are of general application and are subject to any exceptions mutually agreed upon in writing by the parties. The Supplier shall provide the Authority with at least ninety (90) days’ prior written notice of the Supplier’s intention to host any of the Applications provided by it from any location other than the Data Centres. Except as otherwise explicitly provided herein, the Supplier shall not provide any Services from any location outside of Canada without the prior written consent of the Authority, which approval may be withheld by the Authority in its sole and absolute discretion and shall be complete and functional for notify the purposes intended (except Authority as soon as reasonably practicable if it becomes aware of any of the Vendors intending to host any of the Applications from any location outside Canada or from a location other than the Data Centres. In addition to any deficiencies which are due to causes beyond other obligations, duties and responsibilities provided elsewhere in the control of Architect); 2. All plansContract Documents, drawingsthe Supplier shall provide: the overall management, specifications, assessment and other documents prepared by the Architect pursuant to this Agreement shall accurately reflect existing conditions for the scope monitoring of the Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, provisions of the Contract Documents; all required accelerators and other documents, shall be structurally sound tools required in order to provide the Authority with the functionality described in the Contract Documents; and a complete and properly functioning facility suitable for assistance to the purposes for which it Authority as is intended; 4reasonably required to obtain the licenses of the Applications identified in Schedule  in order to provide the Authority with the functionality described in the Contract Documents. The Architect shall Authority shall: commit the necessary resources and management effort to perform, in a timely manner, the acceptance testing procedures required herein; be responsible for any negligent inconsistencies the performance of other Persons engaged by the Authority in connection with the Project, even if the Supplier has been involved in recommending or omissions selecting such Persons, or in the plansmonitoring of their services; provide the Supplier with accurate, drawingscomplete and reliable information concerning the operations of the Authority and the required functionality of the System; enter into the licenses of the Applications identified in Schedule  hereto and perform all of its obligations as licensee thereunder; provide the Supplier with reasonable assistance and cooperation to facilitate the Supplier’s performance of the Services, specificationsincluding reasonably prompt decisions and approvals by the Authority; and, perform its other obligations under the Contract Documents; (collectively, the “Authority Responsibilities”). The Supplier shall be entitled to rely on all written decisions and written approvals of the Authority concerning the Services that are made in accordance with this Agreement. The Supplier shall provide the Authority with reasonably prompt, accurate, and other documents. While Architect cannot guarantee complete written notice of any claim that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement Authority has failed to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the ServicesAuthority Responsibilities. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing meeting the Services in accordance with the professional skillstandard of care described above, care and standards of other professionals performing similar services under similar conditions, the Architect Consultant shall perform the Services in accordance with the following requirements: 1. a. All planstests, drawings, specifications, samplings and other documents prepared inspections by the Architect Consultant pursuant to this Supplement shall accurately reflect, incorporate be performed in accordance with and comply with all OSU Standards and policiescurrent codes, applicable statutestesting criteria, procedures and methods, and all laws, rules, regulations, standards and ordinances and other laws which are applicable to the design materials tested; b. Consultant shall maintain adequate records of all inspections and construction tests, and shall cause all Testing Agents and key personnel to chart on forms satisfactory to the Project Engineer the test properties for the various materials and mixtures tested. Further, Consultant’s documentation procedures shall be subject to the review and approval of the ProjectProject Engineer, and to compliance checks during the progress of the construction. All conforming and nonconforming inspections and test results shall be recorded, and shall be complete kept up to date and functional complete. c. The testing and inspection records shall indicate the date of each inspection; the nature of each inspection and tests performed; the number and type of deficiencies found, if any; the quantities of material approved and rejected; and the nature of all corrective action taken. These records shall be incorporated into a report for each test or inspection performed A copy of each test report shall be provided to the purposes intended (except Owner, the CM/GC, the Consultant, the Project Engineer, the City of Corvallis and any other entity/agency as to any deficiencies which are due to causes beyond may be required by the control of Architect);Construction Contract Documents. 2. d. All planscharts, drawingstesting and inspection records, specifications, reports and other documents prepared by documenting the Architect pursuant tests and inspections pertaining to this Agreement the Services performed hereunder (collectively, the “Testing & Inspection Documents”) shall accurately reflect existing conditions for become the scope property of the Services Owner upon completion of the Project. Failure to be performed;deliver the Testing & Inspection Documents required shall constitute material breach of this Supplement. 3. e. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect Consultant shall be responsible for any negligent inconsistencies or and omissions in the plans, drawings, specifications, reports and other documents. While Architect cannot guarantee that the various documents Consultant is required to prepare under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competenceSupplement. Architect Consultant will, at no additional cost to Owner, promptly correct any and all errors and omissions in the plans, drawings, specifications, and other documents Testing & Inspection Documents prepared by ArchitectConsultant. Except as provided in Section VIII of this Agreement herein and at no additional cost, Architect Consultant further agrees to shall render assistance to Owner in resolving other problems relating to the design of, or failure of specified materials used in, designated for use in the Project;Project to comply with the requirements and specifications therefor. 5. f. The Owner's review or acceptance of documents, Testing & Inspection Documents or issuance of authorization to continue to the next phase of design, bidding process participation, or construction administration, testing shall not be deemed as approval of the adequacy of the planscompleted inspections, drawings, specificationstests, or other documentsdocumentation. Any review or acceptance by the Owner of the Services will not relieve the Architect Consultant of any responsibility for complying with its contractual obligations or the standard of care set forth herein. The Architect is responsible . g. Consultant shall ensure that all laboratory equipment used for all Services to sampling and testing shall be performed under this Agreementin proper working order, accurately calibrated, and agrees inspected and certified by the manufacturer or other appropriate inspection and certification entity as yielding reliable and accurate test results. Consultant shall promptly correct any equipment malfunctions and other factors that it will be liable for all its negligent actscould contribute to erroneous test results and shall retest, errorsat no additional cost to Owner, or omissions, if any, relative to the Servicesany materials involved in tests that potentially may have been affected by such equipment. 6. h. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or and/or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect shall perform the Services in accordance with the following requirements:the 1. All plans, drawings, specifications, and other documents prepared by the Architect shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect); 2. All plans, drawings, specifications, and other documents prepared by the Architect pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4. The Architect shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Architect throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect. Except as provided in Section VIII of this Agreement and at no additional cost, Architect further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project; 5. The Owner's review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect of any responsibility for complying with the standard of care set forth herein. The Architect is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.

Performance Requirements. In addition to performing the Services in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions, the Architect Architect/Engineer shall perform the Services in accordance with the following requirements: 1. i. All plans, drawings, specifications, and other documents prepared by the Architect Architect/Engineer shall accurately reflect, incorporate and comply with all OSU Standards and policies, applicable statutes, rules, building codes, regulations, ordinances and other laws which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Architect)intended; 2ii. All plans, drawings, specifications, and other documents prepared by the Architect Architect/Engineer pursuant to this Agreement shall accurately reflect existing conditions for the scope of the Services to be performed; 3iii. The Project, if constructed in accordance with the intent established by such plans, drawings, specifications, and other documents, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended; 4iv. The Architect Architect/Engineer shall be responsible for any negligent inconsistencies or omissions in the plans, drawings, specifications, and other documents. While Architect cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it It shall be the responsibility of Architect Architect/Engineer throughout the period of performance under this Agreement to use due care and perform with professional competence. Architect Architect/Engineer will, at no additional cost to Owner, correct any and all errors and omissions in the plans, drawings, specifications, and other documents prepared by Architect/Engineer. Except as provided in Section VIII of this Agreement and at no additional cost, Architect Architect/Engineer further agrees to render assistance to Owner in resolving other problems relating to the design of, or specified materials used in, the Project;; and 5. v. The Owner's ’s review or acceptance of documents, or authorization to continue to the next phase of design, bidding process participation, or construction administration, shall not be deemed as approval of the adequacy of the plans, drawings, specifications, or other documents. Any review or acceptance by the Owner will not relieve the Architect Architect/Engineer of any responsibility for complying with the standard of care set forth herein. The Architect Architect/Engineer is responsible for all Services to be performed under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services. 6. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided.