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DocuSign Envelope ID:C2B17AC8-D3E4-4E63-A9B3-836545FA2BED <br /> 5.1.4 Designer or its Consultants shall prepare to serve and serve as an expert witness for the Owner in connection with dispute <br /> resolution, arbitration, or legal proceedings, unless the subject matter of the proceedings includes matters arising out of or related to <br /> the Designer's or Consultant's performance or service with respect to the Project; however, preparing to serve or serving as a fact <br /> witness for the Owner in such proceedings or rendering testimony necessary to secure governmental approval of zoning or land use <br /> clearances for the Project shall not constitute an Additional Service. <br /> 5.1.5 Designer or its Consultants shall provide all such services as are made necessary by the negligence or default of a Consultant or <br /> subconsultant. Such services shall be provided at no additional cost to Owner. <br /> 5.1.6 Designer or its Consultants shall provide additional or extended services during the Construction Phase made necessary by(a) <br /> defective work of Consultant(s) or contractor(s); (b) prolongation of construction past the scheduled completion date, provided the <br /> prolongation is not due to the fault or negligence of the Designer, its employees, Consultants or agents; or(c) default under the <br /> construction contract due to delinquency or insolvency. <br /> 5.1.7 Designer or its Consultants shall Provide additional services and costs necessitated by special out-of-town travel required by the <br /> Designer and approved in advance in writing by the Owner, other than visits to the Project and other than travel reasonably required to <br /> fully accomplish the Basic Services. <br /> 5.1.8 Designer, and its Consultants if necessary, shall attend special public hearings for the Project, other than those listed herein, <br /> which are called by the Board of County Commissioners. <br /> ARTICLE 6 <br /> DURATION OF DESIGNER'S SERVICES <br /> 6.1 Scheduling of Services <br /> 6.1.1 Attachment D to this Agreement is the Key Milestone Listing which defines the sequence and timing of the design and <br /> construction activities.The Designer and its Consultants shall schedule and perform their activities so as to meet the Milestone Dates <br /> shown. No deviation by the Designer or his Consultants from the Key Milestone Listing shall be allowed without prior written approval <br /> by the Owner. <br /> 6.1.2 The Designer's schedule for the performance of its activities and the activities of its Consultants shall be in accordance with the <br /> outline in Attachment D.The Designer shall also prepare and submit to the Owner for review and approval a schedule of all known items <br /> of information, approvals or decisions to be furnished or made by the Owner, including the dates by which the Owner shall have all <br /> information necessary from the Designer with respect to that item, approval or decision and the date by which the item of information, <br /> approval or decision should be communicated to the Designer.The Owner shall always have a reasonable time within which to provide <br /> such item of information, approval or decision and shall not have any responsibility for any delay occurring by reason of the Owner's <br /> being unable,through no fault of the Owner,to supply such item of information, approval or decision. <br /> 6.1.3 Should the Owner determine that the Designer is behind schedule, it may require the Designer to expedite and accelerate its <br /> efforts, including providing additional manpower or overtime, as necessary,to perform its services in accordance with the Key Milestone <br /> Listing at no additional cost to the Owner. <br /> 6 <br /> Revised 07/20 <br />