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DocuSign Envelope ID:8433EODF-BA45-445A-8ECO-92271C65CC98 <br /> 3.2. Standard of Care <br /> 3.2.1 The Designer and its Consultants shall exercise reasonable care and diligence in performing their services under <br /> this Agreement in accordance with highest professional standards of similar professional design practice throughout the <br /> United States and in accordance with federal,state and local laws and regulations applicable to the performance of <br /> these services.The Designer shall serve as a representative of the Owner in accordance with the terms and conditions of <br /> this Agreement to guard the Owner against defects and deficiencies in the Project. <br /> 3.2.2 The Designer shall be responsible for all errors or omissions, in the drawings, specifications, and other <br /> documents prepared by the Designer or its Consultants. It shall be the responsibility of the Designer throughout the <br /> period of performance under this Agreement to use reasonable professional care and judgment to guard the Owner <br /> against defects and deficiencies in the Project. <br /> 3.2.3 The ❑esigner shall correct at no additional cost to the Owner any and all errors, omissions, discrepancies, <br /> ambiguities, mistakes or conflicts in the drawings, specifications and other documents prepared by the Designer or its <br /> Consultants. <br /> 3.2.4 The Designer shall assure that all drawings,specifications and other documents prepared by the Designer or its <br /> Consultants hereunder are in accordance with applicable laws,statutes, building codes and regulations and that all <br /> necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in <br /> a timely manner so as not to delay the 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 <br /> mutually agreed schedules for the Project or required under this Agreement, and as provided in the construction <br /> agreement and any General Conditions 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.E for costs,damages and expenses, <br /> including attorneys fees, incurred by the Owner when such costs, damages and expenses are the result of any error, <br /> omission or delay of the 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 <br /> Designer is less than one-half of one percent(0.5%) of the Total Project Cost,the Designer shall not be liable to <br /> 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 ❑esigner, <br /> amounts to more than one-ha If of one percent(0.5%)of the Total Project Cost,the Designer shall reimburse the <br /> Owner for all such costs in excess of said one-half of one percent(o.S%). <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 <br /> this Agreement. No changes in the Consultants or key personnel indicated shall be permitted except with the prior <br /> written consent of the Owner. <br /> 3 <br /> Revised 11/19 <br />