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ARTICLE 12 REQUESTS FOR INFORMATION(RF� ARTICLE 79. NO THIRD-PARTY BENEFICIARIES
<br /> If included in the scope of services,WSN will provide,with reasonable prompfness,written Nothing contained in this Agreement shall create a conUactual relationship or a puse of
<br /> responses to requesis ftom any contractor for clarificabon,interpretation or intortnation on the action by a third-party agairist either WSN or CUENT. WSN's services pursuant to this
<br /> requirements of the Contract Documents. If Conhactors RFI's are,in WSN's professional Agreement are being performed solely far the CLIENT's benefit,and rro othar party or en6ty
<br /> opinion,for information readily apparent from reasonable obsenratlon of field condi�ons or shall have any claim against WSN because of this Agreement.
<br /> review of the Contract Documents,or are reasonably inferabie therefrom,WSN shall be entitled
<br /> to compensaaon forAdditional Senrices for WSN's 6me in responding to such requests.
<br /> CUENT may wish to make the Contractor responsible to the CLIENT for a�such charges for ARTICLE 20.CORPORATE PROTECTION ,
<br /> additional services as described in this article. ft is intended by the pa�ies to this Agreement that WSN's services in conrrection with the
<br /> Project shall not subject WSN's individual employees,officers or directors to any personal
<br /> legal e�osure for the risks associated with this Project. Theretore,and notwithstanding
<br /> ARTICLE 13.CONSTRUCTION 0&SERVATION anything to the contrary,CLIENT agrees that as the CLIENTs sole and exclusive remedy, �
<br /> If included in the scope af services,WSN will make site visits as specified in the scope af any claim,demand ar suit shall be directed andlor asserted onty agairtst WSN,a Minnesota
<br /> servic�s in o�der to observe the progress of the Work completed. Such site visiis and corpora6on,and not against any of WSN's individual employees,afficers ar directors.
<br /> observatians are not intended to be an e�austive check or detailed inspection,but rather are to
<br /> allow WSN to become gerrerally tamiliar with the Wark. WSN shall keep CLIENT informed
<br /> about the pmgress of the Work and shall advise the CLIENT about observed defiaencies in the ARTICLE 21.CONTROWNG LAW
<br /> Work. WSN shall not supervise,direct or have control over any ConUactors work,nor have This Agreemem is to be govemed by the lavus of the State of Minnesota.
<br /> any responsibility for the consWction means,meihods,techniques,sequenc�s or procedures
<br /> selected by the Contractar norfor the Contractors safety precau6ons ar pragrams in connecction
<br /> with the Work. These rights arM responsibifrfies are solely those af the Contractar. WSN shail ARTICLE 22.ASSIGNMENT OF RISK
<br /> not be responsible for any acts or omissions of any Contractor and shail not be responsible tor In recognfion of the relatrve risks arM benefiis of the project to both the CUENT and WSN,
<br /> any Contractors failure to perfortn the Work in accordance with the Contract Docum�ts ar any the risks have been ailocated such that the CLIENT agrees,to the fuilest extent pertnitted by
<br /> applicable laws,codes,regula6ons,or industry standards. law,to limft the liability of WSN,employees of WSN and subt:onsultanis,to the CUENT arM
<br /> to all construction contractors,subcontractors,agents and assigns on the project for any and
<br /> If construction observation services are not induded in the scope of services,CLIENT assumes ail claims,losses,costs,damages of any nature whatsoever ar claims expenses from any
<br /> all responsibility for interpretation af the Contract Dacumenis and for canstruction abservation, cause or causes,so that total aggregate liability of WSN,employees of WSN and sub-
<br /> and the CLIENT waives any claims against WSN that are connecbed with the perfortnance of consultants,to ail those named shall not exceed WSN's total fee received for servis�s
<br /> such services. rendered on this project. Such claims and causes inciude,but are not IimRed ta negligence,
<br /> professional ertors or omissior�s,strict liability,breach of contract orwarranty.
<br /> ARTICLE 14.BETTERMENT
<br /> If,due to WSN's negligence,a required item or component of the Project is omitted from the ARTICLE 23.NON-DISCRIMINATION
<br /> construction documents,WSN shan not be responsible for paying the cost required to add such WSN will compty with the provisiors of applicable federal,state artd local statutes,
<br /> item or component to the extent that such item or component would have been required and ortiinances and regulafions pertaining to human rights and non�iscrimination.
<br /> included in the originai construcction documents. In no event,wiil WSN be responsible for any
<br /> cost or a�cpense that provides betterment or upgrades or enhances the value of the Project.
<br /> ARTICLE 24.SEVERABILfTY
<br /> Any provision or portion thereof in this Agreement which is held to be wid or unenforceable
<br /> ARTICLE 15.CERTIFICATIONS,GUARANTEES AND WARRANTIES under any law shall be deemed stricken and all remaining prowsions shau continue to be
<br /> WSN shall not be required ta sign any documents,no matter by who requested,that would valid and binding behxeen CLIENT and WSN.All limits of liability ami indemnities contained
<br /> result in WSN having to certify,guaranUee ar warrant the existence of condi6ons whose in the Agreement shall survive the completion or tertnina8on of the Agreement.
<br /> existence WSN cannot ascertain. CLIENT agrees not to make resolu6on of any dispute with
<br /> WSN ar payment of any amount due ta WSN in any way contingent upon WSN signing such
<br /> cer6fica6on.
<br /> ARTICLE 25.PRE-LIEN NOTICE
<br /> ARTICLE 16. CONTINGENCY FUND Pursuant to the Agreement WSN will be performing services in
<br /> CLIENT and WSN agree that certain increased tbsts and Changes may be requtred because of connection with improvements of real property and may contract with
<br /> passible omissions,ambigufies or inconsistenaes in the plans and specifications prepared by subconsultants or subcontractors as appropriate to fumish labor,skill
<br /> wsN,and therefore,thffi the final conshucUon cost of the P�oject may exceed the bids,co�vac� and/or materials in the performance of the work.Accordingly,CLIENT
<br /> am ount or estimated constructlon cost. CLIENT agrees to set aside a reserve in the artrount of is entitled under Minnesota law to the following Notice:
<br /> 5/o of the Project consUuct costs as a contingency to be used,as required,to pay for any such
<br /> increased casts and changes. CLIENT furfher agrees to make rro claim by vray of direct or
<br /> third-pariy action against WSN with respect to any increased cosis within the contingency (a) Any person or company supplying labor or materials for this
<br /> because of such changes or because of any claims made by any Contractor relffiing to such improvement to your property may file a lien against your
<br /> changes.
<br /> property if that person or company is not paid for its
<br /> contributions.
<br /> ARTICLE 17.INSURANCE
<br /> WSN shall procure and maintain insurance for protection finm ctaims against it under vrorkers'
<br /> compensa6on acts,claims for damages because of bodity injury inGuding personal injury, (b) Under Minnesota law,you have the right to pay persons who
<br /> sickness or disease or death of any and all employees or of any person other than such supplied labor or materials for this improvement directly and
<br /> employees,and finm claims against R for damages because of injury to ar destruction of deduct this amount from our contract price,or withhold the
<br /> property including loss of use resulting therefram.
<br /> amounts due from us until 120 days after completion of the
<br /> n�so,WSN shall procure ami maintain professional liabiliiy insurance for protection frnm claims improvement unless we give you a lien waiver signed by
<br /> arising out of perfortnance af professional services caused by any negligent act,error,or persons who supplied any labor or materials for the
<br /> omission forwhich WSN is legally liable.
<br /> improvement and who gave you timely notice.
<br /> Certficates of insuram�will be provided ta the CLIENT upon request.
<br /> ARTICLE 16.ASSIGNMENT
<br /> Neither Party to this Agreament shall transfer,subtet or assign any rights or duties under or
<br /> interest in this Agreement,including but not limited to monies that are due or monies that may
<br /> be due,without the prior written consent of the ather parry. Subcontracting to subconsultants,
<br /> nortnally contemplated by WSN as a genera�y axepted busmess practice,shall not be
<br /> considered an assignment for purposes of this Agreement.
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