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DocuSign Envelope ID: E45930OD-0094-4E66-A944-039543AOE351 <br /> representative of the Owner in accordance with the terms and conditions of this Agreement to guard the Owner against defects and <br /> deficiencies in the Project. <br /> 3.2.2 The Designer shall be responsible for all errors or omissions, in the drawings,specifications,and other documents prepared by <br /> the Designer or its Consultants. It shall be the responsibility of the Designer throughout the period of performance under this Agreement <br /> to use reasonable professional care and judgment to guard the Owner against defects and deficiencies in the Project. <br /> 3.2.3 The Designer shall correct at no additional cost to the Owner any and a I I errors,omissions,discrepancies, ambiguities, mistakes <br /> or conflicts in the drawings, specifications and other documents prepared by the Designer or its Consultants. <br /> 3.2.4 The ❑esigner shall assure that all drawings, specifications and other documents prepared by the Designer or its Consultants <br /> hereunder are in accordance with applicable laws, statutes, building codes and regulations and that all necessary or appropriate <br /> applications for approvals are submitted to federal,state and local governments or agencies in a timely manner so as not to delay the <br /> design or construction activities of the Project. <br /> 3.2.5 The Designer and its Consultants shall perform all services in a reasonably timely manner in accordance with all mutually agreed <br /> schedules for the Project or required under this Agreement, and as provided in the construction agreement and any General Conditions <br /> of the Owner's construction agreements with the contractors for the Project. <br /> 3.2.6 The Designer shall reimburse the Owner, as stipulated in 3.2.6.A and 3.2.6.8 for costs,damages and expenses, including <br /> attorney's fees, incurred by the Owner when such costs,damages and expenses are the result of any error,omission,or delay of the <br /> Designer or its Consultants. <br /> A.To the extent that the aggregate cost to the Owner for all errors, premium value of omissions, or delays of the Designer is less <br /> than three percent(3.0%)of the Total Project Cost, the Designer shall not be liable to the Owner for such costs. <br /> B. If the aggregate cost to the Owner for such errors, premium value of omissions, or delays of the Designer, amounts to more <br /> than three percent(3.0%)of the Total Project Cost, the Designer shall reimburse the Owner for ail such costs in excess of said <br /> three percent(3.0%). <br /> 3.3 Designer's Consultants <br /> 3.3.1 The Designer's Consultants for the project, along with their key project personnel, are listed in Attachment E to this Agreement. <br /> No changes in the Consultants or key personnel indicated shall be permitted except with the prior written consent of the Owner. <br /> 3.3.2 All of the Designer's contracts with its Consultants shall be in writing and shall expressly provide that if this Agreement is <br /> terminated for any reason,the Owner may, at its sole option,take the assignment of the Consultants' contract with the Designer,that <br /> such assignment shall automatically take place upon notification in writing by the Owner to the Consultants and the Consultants shall <br /> continue t❑ be bound by the contract after such assignment.A copy of each contract between the Designer and a Consultant shall be <br /> furnished to the Owner within seven(7) days of its execution. <br /> ARTICLE 4 <br /> BASIC SERVICES <br /> 4.1 Basic Services <br /> 3 <br /> Revised 10/17 <br />