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ARTICLE 12 REQUESTS FOR INFORMATION(RPQ ARTICLE 19. NO THIRD-PARTY BENEFlCUIRIES
<br /> If included in the scape of services,WSN wiil provide,with reasonable prompiness,written Nothing contained in this Agresment shall creffie a contractual relationship or a cause of
<br /> responses to requests from any contractor for clarification,interpretation or infortnation on the action by a third-party against either WSN ar CLIENT.WSN's services pursuant to this
<br /> requirements of the Conhact Documents. If Contractor's RFI's are,in WSN's professional Agreement are being perfortned solely for the CLIENT's berrefit,and no other pariy or entity li
<br /> opinion,for information readily apparent irom reasonable observation of field conditions ar shall have any claim agamst WSN because of this Agreement. �
<br /> review of the Contract Documents,or are reasonably inferable therefrom,WSN shall be entitled I
<br /> to compensaUon for Additional Services for WSN's time in responding ro such requests.
<br /> CLIENT may wish to make the Contractar responsible to the CUENT for all such charges for ARTICLE 20.CORPORATE PROTECTION
<br /> additional servic�s as described in this ar�cle. It is intended by the par6es ta this Agreement that WSN's services in comrection with the
<br /> Project shall not subject WSN's individual emplayees,otficers or directors to any personal
<br /> legal exposure for the risks associated with this Project.Therefore,and notwithsiarMing I
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION anything to the contrary,CLIENT agrees that as the CLIENT's sole and exclusive remedy, �
<br /> If included in the scope of services,WSN will make site visits as specified'm the scope of any claim,demand or suit shail be directed and/or asserted only against WSN,a Minnasata
<br /> services in arder to observe tha progress of the Work completed. Such site visits and corporation,and not against any of WSN's individual empioyees,afficers or direetors.
<br /> observa6ons are not intended to be an exhaustive check or detailed ir�spection,but rather are to
<br /> allow WSN to become generally familiar with the Work. WSN shall keep CLIENT informed
<br /> about the progress of the Work and shall advise the CLIENT about observed deficiencies in the ARTICLE 21.CONTROWNG LAW
<br /> Wark. WSN shall not supervise,direct or have contral over any ConUactors work,nor have This Agreement is to be govemed by the laws of the State of Minnasota.
<br /> any responsibility for the construction means,mefhods,techniques,sequenc�s or prac�dures
<br /> selected by the Contractor nor for the Conhactors safery precau6ons or programs in connection
<br /> with the Work. These rights artd responsibili�es are solely thase of the Contractor. WSN shall ARTICLE ZZ ASSIGNMENT OF RISK
<br /> not be responsible for any acts or omissions of any CanUactor and shall nat be responsible for In recognition of the relative risks and berrefits af the project to both the CLIENT and WSN, I
<br /> any Contr�tors failure to perform the Work in axordance with the Contract Documents or any the risks have been allocated such that the CLIENT agrees,to the fullest extent pertnitt�ed by
<br /> applicable laws,codes,regulations,or industry standards, law,to limit the liabiliry af WSN,employees of WSN and sub-consultants,to the CLIENT and
<br /> to ail construc6on cbntractors,subcontractors,agenis and assigns on the project for any and
<br /> If construciion observation servic�s are not induded in the scope af services,CLIENT assumes all claims,losses,costs,damages of any nature whatsoever or claims ettpenses fram any
<br /> ail responsibiliiy f�r interpretabon of the Contract Documents and for construction observation, cause or rauses,so that total aggregate liablity of WSN,employees of WSN and sub-
<br /> and the CLIENT waives any claims against WSN that are conn�with the perfortnam;e of consuitants,to all those named shall not exceed WSN's total fee received for services
<br /> such services. rendered on this p�ojecL Such claims and causes include,but are nat limited to negligence,
<br /> professional errors or omissior�s,strict liabirty,breach of mntract or warranty.
<br /> ARTICLE 14.BETTERMENT
<br /> If,due to WSN's negligence,a required item ar component of the Project is omitted from the ARTICLE 23.NON•DISCRIMINATION
<br /> construction documerits,WSN shall not be responsible for paying the c�st required to add such WSN will comply with the provisions af applicable federal,state and local statutes, i
<br /> item or component ta the extent that such item or component woutd have been required and ordinanc�s and regulations pertaming to human rights arni non�discrimination.
<br /> included in the ariginal construcfion documents. In no event,will WSN be responsible for any
<br /> cast or eupense thffi provides bettemrent or upgrades or enhances the value of the Praject.
<br /> ARTICLE 24.SEVERABILRY
<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 shail be deemed sficken and all remaining provisions shall continue to be I
<br /> WSN shall not be required to sign any documents,rro matter by who requested,that vrould vaGd and birMing betwesn CLIENT arM WSN.All limits of IiabiPdy and indemnities conhained
<br /> result in WSN having ta certifj+,guarantee orwartant the existence of condi�ons whose in tha Agreement shall survive the comptetion ar termina6on of the Agreement. '
<br /> existence WSN cannot ascertain. CLIENT agrees not to make resolution of any dispute with �
<br /> WSN or payment of arry amount due to WSN in any way contingent upon WSN signing such
<br /> cer6fication.
<br /> ARTICLE 25.PRE-LIEN NOTICE
<br /> ARTICLE 18. CONTINGENCY FUND Pursuant to the Agreement WSN will be performing senrices in �
<br /> CLIENT and WSN agree that certain inaeased costs and changes may be required because of connection with improvements of real property and may contract with
<br /> possible omissions,ambiguities or inconsistencies in the plans and specificafions prepared by subconsultants or subcontractors as appropriate to fumish labor,skill �i
<br /> wsN,and therefore,that the final construction cost of the Project may exceed the bids,contract and/or materials in the performance of the work.Accordingly,CLI ENT
<br /> am ount or esUmffied construction cost. CLIENT agrees to set aside a reserve in the amount af is entitled under Minnesota law to the following Notice:
<br /> 5/o of the Project construct costs as a contingency to be used,as required,to pay for any such
<br /> increased c�sts and changes. CLIENT further agrees to make rro ctaim by vray of direct or ,
<br /> third-party action against WSN with respect to any increased costs within the con6ngency (a) Any person or company supplying labar or materials for this
<br /> because of such changes or because of arry claims made by any ConUacbr rela6ng to such improvement to your property may file a lien against your
<br /> changes.
<br /> property'rf that person or company is not paid for its
<br /> contributions.
<br /> ARTICLE 17.INSURANCE
<br /> WSN shall procure and maintain insurance for protec�on from claims against it under workers'
<br /> compensation ads,claims for damages because of bodily 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 ar of any person other than such supplied labor or materials for this improvement directly and
<br /> employees,and finm claims against it for damages because of injury to or des6uction of deduct this amount from our contract price,or withhold the
<br /> property including loss of use resulting therefrom.
<br /> amounts due from us until 120 days after completion of the
<br /> n�so,WSN shall procure arrci maintain professional liability insuranca for protection from claims improvement unless we give you a lien waiver signed by
<br /> arising out of perfortnance of professional services caused by any negligent act,error,or persons who supplied any labor or materials for the
<br /> omission for which WSN is legally liable.
<br /> improvement and who gave you timely notice.
<br /> Certificates of insurance will be pravided to the CLIENT upon request.
<br /> ARTICLE 1a.ASSIGNMENT
<br /> Neither Party to this Agreement shall transfer,sublet or assign any rights or duties under or
<br /> interest in this Agreement,including but not limited to manies that are due or monies that may
<br /> be due,without the prior written consent of the other party. Subcontracting to subconsultants,
<br /> nortnaUy contemplated by WSN as a generany aa:epted business praccfice,shall not be
<br /> corrsidered an assignment for purposes of this Agreement.
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