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ARTICLE 12 REQUESTS FOR INFORMATION(RFI) ARTICLE 19.NO TFORD-PARTY BENEFICUIRIES
<br /> If included'm the scope of senric�s,WSN vn�l provide,wiih reasonable promptness,written Nothmg oontained in this Agreement shall create a contractual relatlonship or a cause of
<br /> responses to requests from any contractor for ciarificxtion,interpretation or informabon on the action by a third-parly against efther WSN or CLIENT.WSN's services pursuant to this
<br /> requirements of the Contract Documents. If Contractors RFI's are,in WSN's professional qqreement are being perfarmed solely far the CLIENTs benefit,and no other parly or entity
<br /> opinion,for information readiiy apparent from reasonable observa8on of fleid con�itions or shall have any claim against WSN because of this f�qreement.
<br /> review of the Contract Documenls,or are reasonably inferable therehom,WSN sha�be en�tled
<br /> to compensatlon for Additional Servit�s for WSN's tlme m responding to such requests.
<br /> CLIENT may wish to make the Contractor responsible to the CLIENT for all such c�arges for ARTICLE 20.CORPORATE PROTECTIQN
<br /> additional servic�s as desaibed in this arUcle. It is intended by the parties to this Agreement that WSN's servic�es in cannection with the
<br /> Project shall not subject WSN's mdividual employees,officers or directors to any personal
<br /> legal exposure for the risks associated with this Project.Therefore,and notwithstarMing
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION anything to the contrary,CLIENT agrees that as the CLIENTs sole and exclusive remedy,
<br /> If inctuded'm the scope of servk�s,WSN wi�make site vis(ts as spedfied in the soope of any claim,demand or suit shall be directed andlor asserted onty against WSN,a Minnesota
<br /> servic�es in order to observe the progress of the Work completed. Such sfte visits and carporatian,and not against any of WSN's individual employees,officers or directors.
<br /> observatlons are not intended to be an exhaustive c�ecic or detaaed inspection,but rather are to
<br /> atlow WSN to become generally famqiar with the Work. WSN shall keep CLJENT intormed
<br /> about the progress of the Work and shall advise the CLIENT about observed defiaenaes in the ARTICLE 21.CONTROLLINO LAW
<br /> Work. WSN shall not supervise,direct or have control over any Contractors work,nor have This Agreement is to be govemed by the laws of the State of Minnesota.
<br /> any responsbiGty for the co�truction means,methods,techniques,sequenoes or prooedures
<br /> selected by the Contractor nar for the Contractors safety precau8ons or programs m connection
<br /> with the Work. These rights and responsib�iUes are solety those of the ConUador. WSN shall ARTICLE 72.ASSIGNMENT OF RISK
<br /> not be responsible for any acts or omissions of any Contractor and sha�not be responsible tor In recognfion of the relative risks and benefits of the project to both the CUENT and WSN,
<br /> any ConUactor's fa7ure to perform the Work in accordance with the Contract Documents or any the risks have been allocated such that the CLIENT agrees,to the fullest extent permftted by
<br /> applicable laws,c;odes,regulations,or industry standards. law,to limft the Gability of WSN,employees of WSN and sub�onsultants,to the CLIENT and
<br /> to all construction contradors,subcontractors,agents and assigns on the project for any and
<br /> If construction observation services are not ir�cluded in the scope of services,CUENT assumes a�claims,losses,costs,damages of any nalure whatsoever or daims expenses from any
<br /> all responsibility for iMerprehatlon of the Contract Documents and for construction observation, cause or causes,so that total aggregate IiabUfty of WSN,employees of WSN and sub-
<br /> and the CLIENT waives any claims agamst WSN that are conrrected with the performance of consultants,to all those named shall not excEed WSN's total fee rec;eived for services
<br /> such services. rendered on this project. Such daims and causes inctude,but are not Iimited to neg8gence,
<br /> proTessional errors or omissions,strict Gab�ity,breach of contract or warranty.
<br /> ARTICLE 14.BETTERHIEM
<br /> If,due to WSN's negligence,a required item or component of the Project is omitted irom the ARTICLE 23.NON-DISCRfMINATION
<br /> construction documenis,WSN shall not be responsible for paying the oost required to add such WSN will compiy with the provisions of appficabte federal,state and local s�,
<br /> item or component to the extent that such item or component would have been required and ordinanoes and regulaGons pertaining to human rights and rron�iiscrimina6on.
<br /> included in the original construcUon documents. In no event,will WSN be responsible for any
<br /> cpst or expense that provides bettertnent or upgrades or enhances the value of the Project.
<br /> ARTICLE 24.SEVERABILtTY
<br /> Any provision or portion thereof m this f�qreement whidi is hetd to be wid or unenforceable
<br /> ARTICLE 15.CERTIFICATIONS,GUARANTEES AND WARRANTIES under any law shall be deemed stricken and all remaining provisions shall continue to be
<br /> WSN shall not be required to sign any documents,no matter by who requested,that would vaGd and binding beMeen CUEM and WSN.All Iimits of liability and indemnibes contained
<br /> result in WSN having to cerGfy,guarantee or vrarrant the e�dstence of contfi6'ons whose in the Agreement shall survive the completion or termination of the AgBement.
<br /> e�dstence WSN canrrot asoertain. CLIENT agrees rrot to make resolufion of any dispute with
<br /> INSN or payment of any amount due to WSN in any way contingent upon WSN signing such
<br /> cerGfiqtion.
<br /> ARTICLE 25.PRE-LIEN NOTICE
<br /> ARTICLE 16. CONTINGENCY FUND Pursuant to the Agreement WSN will be performing senrices in
<br /> CLIENT and WSN agree that certain increased costs and changes may be required because of connection with improvements of real property and may contract with
<br /> possible omissions,ambiguiGes or inoonsistenaes in the plans and specfications prepared by subconsultants or subcontractors as appropriate to fumish labor,skill
<br /> wsN,and mererare,thffi the final construdion cost of the Project may exc�ed fhe bids,convact and/or materials in the performance of the work.Acxordingly,CU ENT
<br /> arrtount or estimated construcUon cast CUEM agrees to set aside a reserve in the amount of is entitled under Minnesota law to the followin Notice:
<br /> 5%of the Project conshuct costs as a conbrreency to be used,as required,to pay for any such 9
<br /> increased cbsts and changes. CLIENT further agr�ees to make no claim by way of direct or
<br /> thircl-party actlon against WSN with respect to any irtaeased costs wlthin 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 Contrador relating to such im rovement to our ro ma file a lien a ainst our
<br /> cnanges. P Y P Pe�Y Y 9 � Y
<br /> property if that person or company is not paid for its
<br /> contributions.
<br /> ARTICLE 17.MSURANCE
<br /> WSN shall procure and maintain insurance for protection from claims against ft under xorkers� Under Minnesota law, ou have the ri ht to a rsons who
<br /> compensation acts,daims for damages because of bodily injury i�ludng personal injury, (b) y g p y p2
<br /> sickness or disease or death of any and alI employees or of any person other than such supplied labor or materials for this improvement directly and
<br /> employees,and from ciaims against ft for damages because of injury to or destruction of deduct this amount from our contract nce,or withhold the
<br /> properly includng loss of use resulting therefrom. p
<br /> amounts due from us until 120 days after completion of the
<br /> a�so,WSN shall pracure and maintain professional Gability insurance for protection from claims improvement unless we give you a lien waiver signed by
<br /> arisNg out of perfortnance of professional services pused by any negligent act,error,or rsons who su lied an labor or materials for the
<br /> omission tor which WSN is legaliy Gable. � pp y
<br /> improvement and who gave you timely notice.
<br /> Certficates of insurance Hn71 be provided to the CLIENT upon request.
<br /> ARTICLE 16.ASSIGNMENT
<br /> Neither Parly to this Agreement shall transfer,sublet or assign any rights or du6es under or
<br /> interest in this Agreement,including but nat Gmited to monies that are due or monies that may
<br /> be due,without the prior written cansent of the other party. Subcontracting to subconsultants,
<br /> nortnally contemplated by WSN as a gerrerally accepted business practice,shall not be
<br /> cor�sidered an assignment for purposes of this AgreemeM.
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