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ARTICLE 12.REQUESTS FOR II�ffORMATION(RFI) ARTICLE 19.NO THIRD-PARTY BENEFICUIRIES
<br /> If included'm the soope of servioes,WSN wi�provide,with reasonable promptness,vvritten Nothing conhair�ed in this Agreement sha0 create a contractual relationship or a cause of
<br /> responses to requests from any oonUactor for dariTiqtion,interpretation or info�n an the acbon by a thudd-party against either WSN or CLIENI'.INSN's services pursuant to this
<br /> requuements of the Contract Documents. If ConUactors RFI's are,in WSN's professional Agreement are being performed salely for the CLIENTs benefit,and rro other parly or entily
<br /> opinion,for informatbn readily apparent irom reasonabte observa6on of field conddions or shall have any claim against WSN because of this Agreement.
<br /> review of the Contract Documents,or aie reasonabty Interable therefrom,WfiN sha0 be entitled
<br /> to compensatlon for Additional Servic�s for WSN's tlme in responding to such requests.
<br /> CLIENT may wish to make the Con6actor responsible to the CLIENT fir all such charges for ARTICLE 20.CORPORATE PROTECTION
<br /> additlonal seMoes as descxibed in this article. It is intended by the partles to this qqreement that WSN's services m cannection with the
<br /> Project shaQ not subjed WSN's individual employees,oificers or directors to any personal
<br /> legal exposure for the risks assaciated with this ProJect.Therefore,and notwithstanding
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION anything to the contrary,CLIENT agrees that as the CLIENi's sole and exclushre remedy,
<br /> If included in the scope of services,WSN wi0 make site visitss as specffied in the soope of any claim,demand or suit shall be directed and/or asserted only against WSN,a Minrresota
<br /> services in order to obsenre the pragress of the Work completed. Such site visits ami corporaUon,arM not against arry of WSN's individual employees,oif�cers or directors.
<br /> observations are rtot intended to be an mchaustive d�edc or detaGed hispec�on,but rather are to
<br /> ailow WSN to beoome genera0y fam�iar with the Work. WSN shall keep CLIENT informed
<br /> about the progress of the Work and shall advise the CLIENT about observed defiaenaes in the ARTICLE 21.CONTROLLING UW
<br /> Work.WSN shall not supervise,direct or have control over any Contractors work,nor have This qqreement is to be govemed by the laws of the State of Minnesota.
<br /> any respor�sibiGtyr for the constructlon means,methods,techNques,sequenaes or prooedures
<br /> ssleded by the Contractor nor far the Contractars safety precautions or prngrams m cannectlon
<br /> with the Work. These rights and respo�sibBi�es are solely those of the Contractor.WSN sha� ARTICLE 72.ASSIGNMENT OF RISK
<br /> not be responsible tor any acts or omissions of any ConUactor and sha�not be responsible for In recogni�on of the relative risks and berrefits of the project to both the CLIENT and WSN,
<br /> any Contractor's fa�ure to perform the Wo�C in acoordance with the Contract Documents or any the risks have been allocated such that the CLIENT agrees,to the fu�est extent pertnitted by
<br /> applicable laws,codes,regulaUons,or industry standarcls. law,to limit the fiability of WSN,employees of WSN and subconsultants,to the CLIEIVI'and
<br /> to all construction contractors,suboontracrors,agents and assigns on the project for any and
<br /> If constructlon observation senrices are rrot included in the scope of services,CLIENT assumes all claims,losses,cbsts,damages of any nature whatsoever or daims expenses from any
<br /> ap responsibiGty for interpreta�tion of the Contract Documenfs and tor construction observation, cause or causes,so that total aggregate IIab�Tity of WSN,employees of WSN and sutr
<br /> and the CLIENT uvaiv�any claims against WSN ihat are connected with the performance of consultants,to all thase named sha0 not exceed WSMs rotal fee received for servic�s
<br /> such services. rendered on this project. Such claims arM causes mdude,but are not lunfted to negfigencs,
<br /> professional errors or omissions,strict Gab�ity,breach of contract or xartanry.
<br /> ARTICLE 14.BETTERNd�Ni
<br /> If,due to WSMs negGgence,a required ftem or component of the ProJect is omitted Uom the ARTICLE 23.NON-DISCRINqNATION
<br /> construction documents,WSN shail not be responsible for payi�the aost�equQed to add such WSN wi0 comply with the provisior�s of appacable federal,state and local stahrtes,
<br /> item or component to the extent that such item or component would have been required arb ordinances and regulations pertahdng to human rights and rron-disa6nma6on.
<br /> ir�cluded in the original canstruction documents. In rro event,w�l WSN be resporsible tor any
<br /> cost or expense that prohdes bettertnent or upgrades or enhanoes the value of the Project.
<br /> ARTICLE 24.SEVERABILITY
<br /> Any provision or portlon thereof in this Agreement which is held to be wid or unenforceable
<br /> ARTICLE 15.CERTIFlCATIONS,GUARANTEES AND WARRANTIES under any law shail be deemed stric�cen and all remaining provisions shall contlnue to be
<br /> WSN shall not be required to sign any documents,iro matter by who requested,that would vaGd and binding betxsen CUEM and WSN.All Iimits of IiabiGty and indemnities contained
<br /> result in WSN having to cerBfy,guarantee or warrant the e�dsbence of condrtions whose in the Agreement shall survive the completion or tertninatlon of the f�qreement.
<br /> e�stem�WSN cannot ascertam. CLIENT agrees rrot to make resoluution of any dispute wfth
<br /> WSN or payment of any amount due to WSN in any wdy contingent upon WSN signing such
<br /> certificatlon.
<br /> ARTICLE 25.PRE-LIEN NOTICE
<br /> ARTICLE 16.CONTINGENCY Fl1ND Pursuant to the Agreement WSN will be performing services in
<br /> CUENT and WSN agree that certain inaeased oosts and changes may be required because of connection with improvements of real property and may contract with
<br /> possible omissio�,ambigui�es or ir�cortsistenaes in the plans and speaflcaGons prepared by subconsultants or subcontractors as appropriate to fumish labor,skill
<br /> wsN,and meretore,thatthe final construdion cost ofthe Project may exc�ed the bids,contract andlor materials in the perfortnance of the work.Aa�rdingly,CLIENT
<br /> amount or estlmated construction wst CLIENT agrees to set aside a reserve in the amount of is entitled under Minnesota law to the following Notice:
<br /> 5%of the Project construct costs as a confingency to be used,as required,to pay for any such
<br /> increased c�sts and changes. CLJENT further agrees to make no claim by way of direct or
<br /> third-paAy adion against WSN with respect to any inaeased oosts within the conti�ency (a) My person or company supplying labor or materials for this
<br /> because of such changes or because of any claims made by any Conhactor relating 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 sha0 pracure and mamtain insurance for pratection fram daims against it under Harkers'
<br /> compensaeon aas,daims for damages because of bod0y injury inciu�ing personal mjury, (b) Under Minnesota law,you have the right to pay persons who
<br /> sidcness or d'sease or death of any afM all employees ar of any person other than such supplied labor or materials for this improvement di�ectly and
<br /> employees,and from daims against it fir damages because of injury to or destruction of deduct this amount from our contract pric�,or withhold the
<br /> property inclu�ing loss of use resulting therefrom.
<br /> amounts due from us until 120 days after completion of the
<br /> ,vso,WSN shall pra�ure and maintain professional dabiiity insuranoe for protection from claims improvement unless we give you a lien waiver signed by
<br /> arising out of performance of professional servic�s caused by any negfigent act,ertor,or persons who supplied any labor or materials for the
<br /> omission far which WSN is Iegaliy 6able.
<br /> improvement and who gave you timely notice.
<br /> Certifificates of msurance xal be provided to the CLIENT upon request
<br /> ARTICLE 18.ASSIGNMENT
<br /> Neither Party to this Agreement shall transfer,sublet or assign any righis or dudes under or
<br /> iMerest in this Agreement,includ'mg but not Gmited to monies that are due or monies that may
<br /> be due,without the prior written consent of the other party. Subcontrad'mg to subconsultants,
<br /> normalty cantemphated by WSN as a gerrerally aocepted b�iness practice,shall not be
<br /> considered an assignment for purposes of this Agreement.
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