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3 <br />Revised 06/21 <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 all 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 Designer 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.B 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 one-half of one percent (0.5%) 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 one-half of one percent (0.5%) of the Total Project Cost, the Designer shall reimburse the Owner for all such costs in excess <br />of said one-half of one percent (0.5%). <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 to 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 />DocuSign Envelope ID: 3D4D20DD-E384-4780-B168-B7B2CCA4B00B