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ARTICLE 12.REQUESTS FOR II�'ORNUITION(RFl) ARTICLE 79.NO TF�RD-PARTY BENEFlCUIRIES
<br /> If included'm the soope of servic�s,WSN wi0 pmvide,with reasonable promptness,written Nothing contaiired in this f�qreement sha0 create a contractual relationship or a cause of
<br /> respor�ses to requests irom any contrac�r for dariflcation,interpretation or information on the acUon by a third{�arly against either WSN or CLIENI'.WSN's services pursuant to this
<br /> requUements of the ConUact Documents. if ConVactors RFI's are,in WSN's pmfessional Agreement are being performed solely for the CUENTs benefit,and no other party or entity
<br /> opinion,for information readity apparent from reasonable observation of field condih'ons or sha0 have any claim against WSN because of this Agreement.
<br /> review of the Contract Documents,or are reasonably inferabte therefrom,WSN sha�be entitled
<br /> to compensa8on for Additional Services for WSN's time in responding to such requests.
<br /> CLIENT may wish to make the Contractor responsible to the CLIENT for a�such charges for ARTICLE Z0.CORPORATE PROTECTION
<br /> add'itlonal servioes as described in fhis artlde. It is i�ended by the parties t�this Agreement that VIISN's servioes in connectlon with the
<br /> ProJect shad not subject WSN's indi�dual employees,oflicers or d'vectors to any personal
<br /> legal exposure for the risks assocaated with this Project.Therefore,and noMrithshdnding
<br /> ARTICLE 73.CONSTRUCTION OBSERVATION anything to the contrary,CLIENT agrees that as the CLIENT's sole and exclusNe remedy,
<br /> If included in the soope of servic�s,WSN wi0 make sde vissits as speafied in the soope of any daim,demand or suit shall be dire�ed andlor asserted only against WSN,a Minrresota
<br /> servioes in ortier to obsenre the progress of the Work completed. Such site visits and corporation,and not against any af WSMs individual employees,afllcers or directors.
<br /> observaUons are rmt interbed to be an exhaustive check or detailed inspecUon,but rather are to
<br /> a�ow WSN to become geirerally fam0iar with the Wodc. WSN shall keep CLIENT informed
<br /> about the pragress of the Work and shall advise the CLIENT about abserved defiaenaes in the ARTICLE 21.CONTRdLLU1G UW
<br /> Work. WSN shall not supervise,direct or have control over any Contractor's work,nor have This Agreement is to be govemed by the laws of the State of Minnesota.
<br /> any respo��biGty for fhe construction means,methods,techniques,sequenoes or pmcedures
<br /> selectsd by the Contractor nor for the Contractors safely precautions or programs m connec.fion
<br /> with the Work. These rights and responsibGitiUes are solety those of the Contractor. WSN shap ARTICLE?2.ASSI(iNMENT OF RISK
<br /> not be responsible for any acts or omissions of any ConUactor and shall not be responsible for In�ec�gnitlon of ihe relative risks and benefits of the project to both the CLIENT and WSN,
<br /> any ConUactars tailure to perform tha Work in accordance with the Contract Documents or any the risks have been aliocated such that the CUENT agrees,to the futlest extent permitted by
<br /> appiicable laws,cales,regulaUons,or fndustry standards. law,to limit the pability of WSN,employees of WSN and sub�onsultants,to the CLIENT and
<br /> fo all construction conVactors,suboon6acDors,agerits and assigns on the project for any and
<br /> If construdion observation services are not irtduded in the soope of services,CUEIVT assumes aU claims,lasses,aosts,damages of any nature whatsoever or claims expenses from any
<br /> all responsibipty for interpretation of the Contract Documents and for corstrucUon observation, cause or causes,so that total aggregate liab�ty of WSN,employees of WSN and sua
<br /> and the CLIENT vraives any daims against WSN that are connected wffh the perfortnance of consultants,to aA thase named shall not excsed WSN's total fee reoeived for services
<br /> such services. rendered on this project Such claims ami causes inciude,but are not limfted to negfigence,
<br /> professionai errors or omissions,strict pabUfty,breach of contract or wartanly.
<br /> ARTICLE 14.BETTERMEM
<br /> If,due to WSN's neg�gence,a required ftem or camponent of the Projed is omitted trom fhe ARTICLE?3.NON•DISCRIININATION
<br /> consWction documents,WSN shall not be responsible for paying the aost required to add such WSN wN comply with the provisions of appGcxble federal,state a�locxl stahrtes,
<br /> item or component to the extent that such item or component vrould have been required and ordinanoes and iegulations pertainmg to human rights and iron�discrimination.
<br /> included in the origfnal wnshuction documents. In iro event,vn71 WSN be responsible fir any
<br /> c�st or expense that provides betterment or upgrades or enhances the value of the Project.
<br /> ARTICLE 24.SEVERABILRY
<br /> Any provision or portion thereof in this l�reement which is held to be wid or unenforaeable
<br /> ARTICLE 15.CERTIFlCATIONS,GUARANTEES AND WARRANTIES under any law shall be deemed stricken artd all remaining proviseons shall contmue to be
<br /> WSN shall not be required to sign any da:uments,�m matter by who requested,thffi would valid and binding beMeen CLIENT and WSN.All limits of IiabiUty and indemnities contained ;
<br /> result in WSN having to cer6Ty,guarantee or warrant the existence of condih'ons whose in fhe Agreement shall survive the completlon or temtination of the/�qreement.
<br /> existerroe WSN cannot asoertam. CLIENT agrees rrot to make resolutlon of any dispute with
<br /> WSN or payment of any amount due to WSN in any way contingent upon WSN signing such '
<br /> certification.
<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 fhat certain mcreased aosfs and changes may be required because of �nnection with improvements of real property and may contract with
<br /> possible omissions,ambiguitles or inconsistendes in the plans and spec(fications prepared by subconsultants or subcontractors as appropriate to fumish labor,skill
<br /> wsN,and u,eretore,that the final construdion cost of the Project may exceed the bids,conaact ��or materials in the performance of the work.Accordingly,CLIENT �
<br /> amount or estimated construcUon aost CLIENT agrees to set aside a reserve in the amount of is entitled under Minnesota law to the followin Notice:
<br /> 5%of the ProJect consUuct costs as a contlr�gency to be used,as required,to pay for any such 9
<br /> increaSed cbsts and changes. CLIENT further agrees to make rro daim by way of direct or �
<br /> third-parly action agafist WSN with respect to any Inaeased oosts within the contlngenc,y (a) Any person or company supplying labor or materials for this I
<br /> because of such changes or because of any claims made by arry Contractor relating to such improvement to your property may file a lien against your
<br /> changes.
<br /> properly ff that person or company is not paid for its
<br /> contributions.
<br /> ARTICLE 17.INSURANCE
<br /> WSN shall procure and maintain insurance for pmteaion from daims against ft under workers'
<br /> compensaUon acts,daims for damages because of bod�y injury irtclu�ing personal injury, (b) Under Minnesota law,you have the right to pay persons who
<br /> sidmess 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 from claims against it for damages because of injury to or destruction of deduct this amount from our contract price,or withhold the
<br /> property including loss of use resulting therehom.
<br /> amounts due from us until 120 days after completion of the '
<br /> aso,WSN shall pmcure and maintam{�ofessional Gability insurance for protectlon from claims improvement unless we give you a lien waiver signed by
<br /> arising out of perfortnance of professional servioes caused by any negGgent act,error,or persons who supplied any labor or materials for the
<br /> omission for which WSN is Iegally 6able.
<br /> improvement and who gave you timely notice.
<br /> Certficates of msuram;e un11 be provided to the CUENT upon request
<br /> ARTICLE 16.ASSIGMAENT
<br /> Neffher Parly to this Agreement shall transfer,sublet or assign any rights or dutles under or
<br /> interest in this qqreement,inctud'mg but not Qmited to monles that are due or monles that may
<br /> be due,without the prior written consent of the other parly. Subcontracting to subconsultants,
<br /> normalty contemplated by WSN as a gerrerally aa;epted business practice,shall not be
<br /> cor�sidered an assignment for purposes of this Agreement.
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