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ARTICLE 12.REQUESTS FOR INFORMATION(RFQ ARTICLE 19.NO THIRD-PARTY BENEFICUIRIES
<br /> If induded'm the soope af services,WSN wi0 provide,with reasonable promptness,written Nothing contained in this qqreement shap aeate a contractual relationship or a cause of I
<br /> responses to requests from any contractor for clarificatlon,interpreta6on or information on the ac�on by a third-party against either WSN or CLIENT.WSN's servic8s pursuant to this �
<br /> requirements of the Contract Documents. If Contractor's RFPs are,in WSN's professional Agreement are being performed solety for the CUENTs benefit,and rro other party or entity ,
<br /> opinion,for informallon readily apparent irom reasonable observation of field conditions or shau have any dafm against WSN because of this AgBement. ,
<br /> review of the Contract Documents,or aie reasonably inferable thereftom,WSN shall be entitled �
<br /> to oompensation for Addfional Services far WSN's tirne m respondng to sudi requests.
<br /> CLIENT may wish to make the Contractor responsible to the CLIENT far all such charges for ARTICLE 20.CORPORATE PROTECTION
<br /> additional servioes as described in this article. It is intended by the partes to this Agreement that WSN's services in connection with the
<br /> Project shall not subject WSN's indi�dual employees,officers or directors to any personal '
<br /> le�al exposure for the risks associated wffh this Projecl.Therefore,and notwithstandmg
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION anyfhing to the contrary,CLIENT agrees that as the CLIENTs sole and exclusive remedy,
<br /> If included in the scope of services,WSN wi�make site visits as speafied in the scope of any claim,demand or suit shall be dU�ed and/or asserted only against WSN,a Min�resota
<br /> services in order to observe the pragress of the Work completed. Such site visits and corporation,and not against any of WSN's individual employees,oificers or directors.
<br /> observations are not inte�ed ro be an exhaus6ve chedc or deta�ed inspec�on,but rather are ro
<br /> allow INSN to ber�me gerrerally famaiar 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.CONTROLLUIG IAW ,
<br /> Work.WSN shaQ not supervise,direct or have control over any Contractors Nork,nor have This Agreement is to be govemed by the laws af the State of Minnesota. I
<br /> any respor�sibiGty for the corxtructlon means,methods,techniques,sequenoes or procedures i
<br /> selected by the Contractor nor for the Contractar's sately precauUons or programs in connection
<br /> with the Work.These dghts and responsib�ities are sotely those of the Contractor. WSN sha➢ ARTICLE Yl.ASSIGI�dENT OF RISK
<br /> not be responsible for any acts or omissioris af any Contractor and shall not be responsible for In recngnfion of the relative risla a�benefits of the project to both the CLIENT and WSN,
<br /> any ConUactors failure to perform the Wark in accordance with the Contract Documents or any the risks have been allocaied such that the CLIENT agrees,to the fullest extent permitted by
<br /> applicable laws,codes,regulaUons,or industry standards. law,to limit the rabiiity of WSN,employees of WSN and sub�onsultants,to the CLIENT and
<br /> to all construc6on con6adors,subcontractors,agerntss and assigns on the project for any and
<br /> If consWction abservation services are not inctuded'm the soope of servioes,CLIENT assumes a0 claims,losses,oosts,damages of any nahrre whatsaever or daims e�enses irom arry
<br /> all responsbiQty for interpretation of the Contract Documents and ior construction observatlon, cause or causes,so that total aggregate liab�'ity of WSN,emptoyees of WSN and sua
<br /> and the CLIENT vraives any claims agamst WSN that are connected with the perfortnanoe of consultants,to all thosa named sha➢nat excead WSN's total fee received for senrioes
<br /> such servic�s. rendered on this project Such claims and causes include,but are rrot limited ta negRgence,
<br /> professional errors or omissior�s,strict QabOtty,breach of wntract or vrartanry.
<br /> ARTICLE 14.BETTERMENT
<br /> If,due to WSMs negligence,a required item or component of the Project is omitted from the ARTICLE 23.NON-DISCRIMINATION
<br /> construcGon documenis,WSN shall not be responsible for paying the cost required to add such WSN wid comply with the provisions of appGcabie federal,state and local statutes,
<br /> item or component to the extent that such item ar component vuoutd have been requued and ordinanoes and regulations pertaining to human rights and non-discrimination.
<br /> included in the original construccfion documents. In rro event,m11 WSN be respor�sibte for any
<br /> cost or eupense that provides bettertnent or upgrades or enhances the value of the Project.
<br /> ARTICLE 24.SEVERABILITY
<br /> My provision or portion thereof in this P�qreement which is hetd to be wid or unenforoeabte
<br /> ARTICLE 15.CERTIFlCATIONS,GUARANTEES AND WARRANTIES under any law shall be deemed stricken and all remainmg provisions shall cor�tinue to be
<br /> WSN shall not be required to sign any documents,no matter by who requested,that would valid and bind'mg betxeen CLIEM and WSN.All limits of liabil'ity and indemnities contained
<br /> result in WSN having to certify,guarantee or wartant the existence of condtior�s whose in the Agreement shall survive the completlon or termination of the!{qreement.
<br /> epster�ce WSN cannot asoertain. CLIENT agrees rrot to make resoluution of any dispute with
<br /> WSN or payment of any amount due to WSN in any way contingent upon WSN signmg such
<br /> certifica6on.
<br /> ARTICLE 25.PRE-LIEN NOTICE
<br /> ARTICLE 16.COMINGENCY FUND Pursuant to the Agreement WSN will be performing senrices in
<br /> CLIENT and WSN agree that certain increased casts and changes may be required because of �nnection with improvements of real property and may contract with
<br /> possible omissions,ambiguities or inconsistenaes in the plans and specifications prepared by subconsultants or subcontractors as appropriate to fumish labor,Skl��
<br /> wsN,and�neretore,thffi the final construdion cost of the Project may exc�:ed the bids,contract ��or materials in the performance of the work.Aa;ordingly,CLI ENT
<br /> amount or estimated construcction cost CUENT agrees to set aside a reserve in the amount af is entitled under Minnesota law to the following Notice:
<br /> 5%of the Project construct costs as a con6r�gency to be used,as�equired,to pay for any such
<br /> increased cbsts and changes. CLIENT further agrees to make no daim by way of direct or
<br /> third-parly actlan against WSN with respect to any inaeased oosts within the contingency (a) Any person or company supplying labor or materials for this
<br /> because of such changes or because of any daims made by any Contrador relatfig to such improvement to your properiy may file a lien against your
<br /> chartges.
<br /> property'rf that person ar company is not paid for its
<br /> contributions.
<br /> ARTICLE 17.INSURANCE
<br /> WSN shall procure and maintain insurance tor proteaion fram daims against it under u�orkers' Under Minnesota law, ou have the ri ht to a rsons who
<br /> compensabon acts,daims for damages because af bod8y injury inclu�ing personal injury, (b) y 9 P Y 1�
<br /> sicimess or disease or death of any and all employees orof any person other than such supplied labor or materials for this improvement directly and
<br /> employees,and irom claims against ft for damages because of injury to or destruction of deduct this amount from our contract price,or withhold the
<br /> properry includng loss of use resulting thereirom.
<br /> amounts due from us until 120 days after completion of the
<br /> aaso,WSN shall pra:ure and maintain professional liability msuranoe for protection from claims improvement unless we give you a lien waiver signed by
<br /> arising out of perfortnance of prafessional servic�s caused by any negfigent act,error,or persons who supplied any labor or materials for the
<br /> omission for which WSN is legalty Gable.
<br /> improvement and who gave you timely notice.
<br /> Certficates of msurance will be provided to the CUENT upon request.
<br /> ARTICLE 18.ASSIGNdIENT
<br /> Neither Parly to this Agreement shall transfer,sublet or assign any rights or duties under or
<br /> interest 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. Subcontrac6ng to subconsultants,
<br /> nortnaliy contemplated by WSN as a generally acoepted business pracUce,shali not be
<br /> considered an assignment for purposes of this Agreement.
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