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ARTICLE 12.REQUESTS FOR INFORMATION(RFI� ARTICLE 19. NO THIRD-PARTY BENEFICIARIES
<br /> If included in the scope of services,WSN will prowde,vuith reasonable promptness,wntten Nothing contained in this Agreement shall create a contractual relaUonship or a cause of
<br /> responses to requests from any contractor for clarification,interpretaUon or information on the action by a third�arty against either WSN or CLIENT. WSN's services pursuant to this
<br /> requirements of the ConUact Documents. If ConUactors RFI's are,in WSN's professronal Agreement are being perfortned solely for the CLIENT's benefit,and no other party or entity
<br /> opinion,for informatbn readily apparent(rom reasonable observaUon of field conditions or shall have any claim against WSN because of this Agreement
<br /> review of the Contract Documents,or are reasonably inferable therefrom,WSN shall be entitled
<br /> to compensation for Addibonal Services for WSN's time in responding to such requests.
<br /> CLIENT may unsh to make the Contractor responsible to the CLIENT for all such charges for ARTICLE 20.CORPORATE PROTECTION
<br /> additional sendces as descnbed in this aRicle It is intended by the parUes to this Agreement that WSN's services in connection w�th the
<br /> Pro�ect shall not sub�ect WSN's indiwdual empbyees,officers or directors to any personal
<br /> legal exposure for the nsks associated with this Project Therefore,and nohvithstanding
<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 in the scope of any claim,demand or swt shall be directed andlor asserled only against WSN,a Minnesota
<br /> services in order to observe the progress of the Work completed. Such site visits and corporation,and nol against any of WSN's indiwdual employees,officers or directors.
<br /> observa6ons are not intended to be an exhaushve check or detailed inspection,but rather are to
<br /> allow WSN to become generally familiar with the Work. WSN shall keep CLIENT infomied
<br /> about the progress of the Work and shall adwse the CLIENT about observed defiaenaes in the ARTICLE 21.CONTROLLING LAW
<br /> Work WSN shall not supernse,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 responsibilily for the consVuction means,methods,technwues,sequences or procedures
<br /> selected by the Contractor nor for the Contractor's safety precautions or programs in connection
<br /> with the Work. These rights and responsibili6es are solely those of the Contractor WSN shall ARTICLE 22.ASSIGNMENT OF RISK
<br /> not be responsible for any acts or omissions of any ConVactor and shall not be responsible for In recogni6on of the relatrve nsks and benefits of the pro�ect to both the CLIENT and WSN,
<br /> any Contractor's fadure to perform the Work in accordance with the Contract Documents or any the nsks have been allocated such that the CLIENT agrees,to ihe fullest extenl permitted by
<br /> applicable laws,codes,regulations,or industry standards law,to limit the liability of WSN,employees of WSN and subconsultants,to the CLIENT and
<br /> to all construction contraclors,subcontractors,agents and assigns on the project for any and
<br /> If construchon observation services are not included in the scope of services,CLIENT assumes all claims,losses,costs,damages of any nature whatscever or claims expenses from any
<br /> all responsibility for interpretation of the Contract Documents and for construction observaUon, cause or causes,so that total aggregate liability of WSN,employees of WSN and sub-
<br /> and the CLIENT waives any claims against WSN that are mnnected�nth the performance of consultants,to all those named shall not exceed WSN's total fee received for services
<br /> such services rendered on this pro�ect Such claims and causes include,but are not limited to negligence,
<br /> professional errors or omissions,strict liability,breach of contract or warranty.
<br /> ARTICLE 14.BETTERMENT
<br /> If,due to W5N's negligence,a required item or component of the Pro�ect is omitted from the ARTICLE 23.NON•DISCRIMINATION
<br /> construction documents,WSN shall not be responsible for paying the cost required to add such WSN w�ll comply with the prov�sions of applicable federal,state and local statutes,
<br /> item or component to the extent that such item or component would have been required and ordinances and regulatbns pertaining to human rights and non�iiscrimination
<br /> included in the onginal construction documents In no event,�nnll WSN be responsible for any
<br /> cost or expense that provides betterment or upgrades or enhances the value of the Pro�ect
<br /> ARTICLE 24.SEVERABILITY
<br /> Any provision or portion thereof in this Agreement which is held to be void or unenforceable
<br /> ARTICLE 15.CERTIFICATIONS,GUARANTEES AND WARRANTIES under any law shall be deemed stricken and all remaining prowsans shall continue to be
<br /> WSN shall not be reqwred to sign any documents,no matter by who requested,that would valid and binding beM�en CLIENT and WSN All limits of liability and indemnities contained
<br /> result in WSN having to certify,guarantee or warrant the existence of conditions whose in the Agreement shall survrve the complehon or termination of the Agreement
<br /> existence WSN cannot ascertain. CLIENT agrees not to make resolution of any dispute�nnth
<br /> WSN or payment of any amount due to WSN in any way contingent upon WSN signing such
<br /> certficatwn
<br /> ARTICLE 25.PRE-LIEN NOTICE
<br /> ARTICLE 16. CONTINGENCY FUND Pursuant to the Agreement WSN will be performing seroices in
<br /> CLIENT and WSN agree that certain increased costs and changes may be reqwred because of connection with improvements of real property and may contract with
<br /> possible omissions,ambigwties or inconsistences in the plans and speafications prepared by subconsultants or subcontractors as appropriate to furnish labor,Skill
<br /> WSN,and therefore,that the final construdion cost of the Pro�ect may exceed the bids,contract and/or materials in the performance of the work.Accordingly,CLIENT
<br /> amount or es6mated construction cost CLIENT agrees to set aside a reserve in the amount of
<br /> 5%of the Pro�ect conslruct costs as a contingency to be used,as reqwred,to pay for any such is entitled under Minnesota law to the following Notice:
<br /> increased costs and changes CLIENT fuRher agrees to make no claim by way of direct or
<br /> third-party actio�against WSN with resped to any increased costs vuithin 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 Contraclor relating to such improvement to your property may file a lien against your
<br /> cha�ges
<br /> property if that person or company is not paid for its
<br /> contributions.
<br /> ARTICLE 17.INSURANCE
<br /> WSN shall procure and maintain insurance for protection from daims against it under workers'
<br /> compensation acts,claims for damages because of bodily injury including 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 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 in�ury to or destruction of deduct this amount from our contract price,or withhold the
<br /> property mcluding loss of use resul6ng therefrom
<br /> amounts due from us until 120 days after completion of the
<br /> Also,WSN shall procure and mainlain prokssional liability insurance for protechon from claims improvement unless we give you a lien waiver signed by
<br /> ansing out of performance of professional services caused by any negligent act,error,or persons who supplied any labor or materials for the
<br /> omissron for which WSN is legally liable
<br /> improvement and who gave you timely notice.
<br /> Certificates of insu2nce will be prov�ded to the CLIENT upon requesl
<br /> ARTICLE 18.ASSIGNMENT
<br /> Neither Party to this Agreement shall iransfer,sublet or assign any nghts or duties under or
<br /> interest in this Agreement,including lwt not limited to monies that are due or monies that may
<br /> be due,Hnthout the prior wntten consent of the other party. SubconUacting to subconsultants,
<br /> normally contemplated by WSN as a generally accepted business practice,shall not be
<br /> considered an assignment for purposes of this Agreement
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