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ARTICLE 12. REQUESTS FOR INFORMATION (Rfq
<br />N ndtded in the scope of services. WSN will provide, with reasonable promptriess, written
<br />responses to requests from any contractor for rlari icatm, interpretation or information on dia
<br />regrirernents of the Contract Documads, t Contractors RFls are, in WSN's professional opinion,
<br />for ihbmhaton madly apparent Iron reasonable observation of field conditions or review of fire
<br />Contract Documents, or are reasonably, inferable therefrom, WSN shat be entitled to cortnpersation
<br />for Additional Services for WSN s time in responding b such requests. CLIENT may wish b make
<br />the Contactor responsible b the CLIENT for at such charges for adrttimat services as dasabed in
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<br />ARTICLE 13. CONSTRUCTION OBSERVATION
<br />t nckrded in the scope of services, WSN will make site vista as specified in the scope of services in
<br />order b observe the progress of the Work completed. Such site visits and observations are not
<br />intended b be an exhaustive check or detailed inspection, but rather are to allow WSN to become
<br />generally familiar with die Wale WSN shall keep CLIENT informed about the progress of the Work
<br />and shat advise the CLIENT clout observed deficiencies In the Work WSN shat not supervise,
<br />direct or have control over arty Contractors work, nee have any responsibility for the construction
<br />means, methods, techniques, sequences or procedures selected by the Contractor nor for i the
<br />Contractors safety precautions or programs in connection with the Work These rights and
<br />msphirrsblltes are solely those of the Contractor. WSN shat nol be responsible for any ads or
<br />omissions of any Contractor and shat not be resporsble for any Contractors failure to perform the
<br />Work in accordance with the Contract OocYmerhls or arty appicabla laws, Codes, rules or
<br />If construction observation services are not included in the scope of services, CLIENT assumes all
<br />resporsbhTily for interpretation of the Contract Documents and for construction observation, and the
<br />CLIENT waives any claims against WSN that are connected with the performance of such services.
<br />ARTICLE 14. BETTERMENT
<br />It dire b WSN's negligerce, a required item or component of the Project is omitted from the
<br />construction documents, WSN shall not be responsible for paying the cost required to add such Gem
<br />or component b the extent that such Gem or component would have been required and included in
<br />be original construction documents. In no event will WSN be responsible for any cost or expense
<br />that provides beterrrherhl a upgrades or enhances the value of the Project
<br />ARTICLE 15. CERTIFICATIONS, GUARANTEES AND WARRANTIES
<br />WSN shall not be respired to sign any documents, no matter by who requested, that would result in
<br />WSN having to certify, guarantee or warrant the existence of conditions whose existence WSN
<br />Cannot ascertain. CLIENT agrees not to make resolution of any dispute with WSN or payment of
<br />any amount due b WSN in any way continent upon WSN signing such certification.
<br />ARTICLE 116. CONTINGENCY FUND
<br />CLIENT and WSN agree that certain increased costs and changes may be required because of
<br />Possible omissions. arheiguites or inconsistencies in the pins and specifications prepared by WSN,
<br />and therefore, that the final construction cost of the Project may exceed the bids, Contract amount or
<br />estimated construction cosL CLIENT agrees to set aside a reserve in the amount of 5% of the
<br />Project construct costs as a contingency to be used, as required, to pay for any such increased
<br />costs and changes. CLIENT further agrees to make no claim by way of direct or third -party action
<br />against WSN with respect to any Increased costs within the confingerxy because of such flanges
<br />of because of eery dahms made by any Contractor retatrhg to such charges.
<br />ARTICLE 1T. INSURANCE
<br />WSN shall procure and maintain insurance for prokdion from dam against G under workers'
<br />compensation ads, dakns for damages because of bodily injury including personal njay, Sickness
<br />or disease or death of any and all employees or of any person other than such employees, and from
<br />daps agaist G for damages because of injury to or destruction of property indudng loss of use
<br />raw" tlherefrom.
<br />Also, WSN shall procure and maintain professional liability insurance for protection from daps
<br />aiskhg out of paiorrnamce of professional services caused by any negligent act error, or omission
<br />IN which WSN is legacy liable.
<br />Certificates of insurance will be provided to the CUENT upon request
<br />ARTICLE 1t. ASSIGNMENT
<br />Neither Party b this Agreement shat transfer, sublet or assign any rights or duties under or interest
<br />in this Agreement nckudrg but rat knifed b monies that are due or monies that may be due,
<br />WNW the prior written consent of the other party. Subcontranding to subomsullehtr, normally
<br />contemplated by WSN as a genes* accepted Maness practice, shall not be considered an
<br />assigrcrhent for purposes of this Agreement.
<br />ARTICLE 19. NO THRD -PARTY BENEFICIARIES
<br />Noting contained in this Agreemerd shat aate a contractual relabonshy or a cause of action
<br />by a Md -party against either WSN or CLIENT. WSN's services pursuard to 9rs Agreeiment are
<br />being perbmhed solely, for the CLIENT'S benefll, and no other party or entity shat have arty dun
<br />against WSN because of this Agreement
<br />ARTICLE 20. CORPORATE PROTECTION
<br />ft is intended by the parties to this Agreement that WSN's services in connection with the Project
<br />Shall not subject WSN s individual employees, officers or directors to any personal legal exposure
<br />for the risks associated with this Projed. Therefore, and notwithstanding anything to the contrary,
<br />CLIENT agrees that as the CUENTs sole and exclusive remedy, any dash, derrhand or suit shat
<br />be directed ardor asserted only against WSN. a 1111ivhesob corporafion, and not against any of
<br />WSN's individual empbyees, officers or dkecim.
<br />ARTICLE 21. CONTROLLING LAW
<br />This Agreement's to be governed by the laws of the State of Wrhnesota.
<br />ARTICLE 22. ASSIGNMENT OF RISK
<br />In recognition of the relative risks and benefits of the project to both the CLIENT and WSN, the
<br />risks have been allocated such that the CLIENT agrees, to the fullest extent perrrdted by law, to
<br />Ind the liability of WSN, employees of WSN and sub-consutanfs, to the CLIENT and b all
<br />construction contractors, subcontractors, agents and assigns on the project for any and at clans,
<br />losses, costs, damages of any nature whatsoever or clans expenses from any cause or causes,
<br />so that total aggregate liability of WSN, employees of WSN and sub-comfliants, to all those
<br />named shall not exceed WSN's tctal fee for services rendered on this project Such claims and
<br />causes include, but are not limited b negligence, professional errors or omissions, strict liability,
<br />breach of contract or warranty.
<br />ARTICLE 23. NON - DISCRIMINATION
<br />WSN will comply with the provisions of applicable federal, state and local statutes, ordinances
<br />and regulations pertaining to human rights and nondiscrimination,
<br />ARTICLE 24. SEVERABRITY
<br />Any provision or portion thereof in this Agreement which is held b be void or unenforceable under
<br />eery law shat be deemed stricken, and all remaining provisions shat continue to be valid and
<br />binding between CUENT and WSN. AN imils of liability and indemnities contained in the
<br />Agreement shall survive the completion or termination of the Agreement
<br />HJNAhjn/g2ga104vl
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