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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 w�ll prowde,with reasonable promptness,wntten Nothing contained in this Agreement shall create a conVactual rela6onship or a cause of
<br /> responses to requests from any contractor for clanfica6on,interpretation or infortnation on the ac6on by a third-parry agamst either WSN or CLIENT. WSN's services pursuant to this
<br /> requirements of the Contract Documenis. If Contractor's 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 information readily apparent from reasonaWe observation of field conditrons or shall have any claim against WSN because of this Agreement
<br /> rewew of the Contract Documents,or are reasonably inferable therefrom,WSN shall be entitled
<br /> to compensation 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 all such charges for ARTICLE Z0.CORPORATE PROTECTION
<br /> addiGonal services as described in this article. It is intended by the parties to this Agreement that WSN's services in connection with the
<br /> Pro�ect shall not subject WSN's individual employees,officers or directors to any personal
<br /> legal exposure for the risks associated�nth this Project. Therefore,and noNuithstanding
<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 swl shall be directed andlor asserted only against WSN,a Minnesota
<br /> services in order to observe the progress of the Work completed Such site visits and corporation,and not against any of WSN's individual empbyees,officers or directors.
<br /> observations are not intended to be an exhaustive check or detailed inspecUon,but rather are to
<br /> allow WSN to become generally familiar v�nth the Work. WSN shall keep CLIENT informed
<br /> about the progress of the Work and shalt advise the CLIENT about observed deficiencies in the ARTICLE 21.CONTROLLING LAW
<br /> Work WSN shall not supernse,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 responsibi�ity for the consVuction means,methods,technpues,sequences or procedures
<br /> selected by the Contractor nor for the Contractor's safety precautwns or programs in connec6on
<br /> w�th the Work. These rights and responsibilities are solely those of the Contractor. WSN shall ARTICLE 22.ASSIGNMENT OF RISK
<br /> not be responsible for any acts or omissions of any Contractor and shall not be responsible for In recognition of the relative risks and benefits of the pro�ect to both the CLIENT and WSN,
<br /> any Contractor's failure to perform the Work in accordance with the Contract Documents or any the risks have been allocated such that the CLIENT agrees,to the fuilest extent permitted by
<br /> applirable laws,codes,regulations,or industry standards law,to limit the liabiliry of WSN,employees of WSN and sub consultants,to the CLIENT and
<br /> to all constructbn conVactors,subcontractors,agents and assigns on the project for any and
<br /> If construction observation serv�ces 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 Documenis and for construction observaGon, 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 connected with 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 wartanty
<br /> ARTICLE 14.BETTERMENT
<br /> If,due to WSN's negl�gence,a required item or component of the Pro�ect is omitted from the ARTICLE 23.NON-DISCRIMINATION
<br /> construction documenGs,WSN shall not be responsible for paying the cost required to add such WSN will comply with the provisions 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 regulations pertaining to human rights and non�iiscnmination
<br /> included in the onginal construction documents. In no event,Hnll WSN be responsible for any
<br /> cost or expense that provides bettertnent or upgrades or enhances the value of the Pro�ect
<br /> ARTICLE 24.SEVERABILRY
<br /> Any prowsion or portion thereof in this Agreement which is held to be void or unenforceaWe
<br /> ARTICLE 15.CERTIFICATIONS,GUARANTEES AND WARRANTIES under any law shall be deemed stricken and all remaining provisans shall continue to be
<br /> WSN shall not be required to sign any documents,no matter by who requested,that would valid and binding beM�en CLIENT and WSN All limits of liability and indemni6es contained
<br /> result in WSN hav�ng to ceRify,guarantee or warrant the existence of conditions whose in the Agreement shall surwve the complelion or tertninatron of the Agreement.
<br /> existence WSN cannot asceRain CLIENT agrees not to make resolutron of any dispute with
<br /> WSN or payment of any amount due to WSN in any way contingent upon WSN signing such
<br /> certifica6on
<br /> ARTICLE 25.PRE•LIEN NOTICE
<br /> Pursuant to the Agreement WSN will be performing services in
<br /> ARTICLE 16. CONTINGENCY FUND connection with improvements of real property and may contract with
<br /> CLIENT and WSN agree that ceAain increased costs and changes may be reqwred because of
<br /> possible omissions,ambiguities or inconsistenaes in the plans and specificatwns prepared by subconsultants or subcontractors as appropriate to fumish labor,Skill
<br /> WSN,and therefore,that the final construction cost of the Project may exceed the bids,contract and/or materials in the performance of the work.Accordingly,CLIENT
<br /> amount or estimated construc6on cost. CLIENT agrees to set aside a reserve in the amount of is entitled under Minnesota faw to the following Notice:
<br /> 5%of the Pro�ect construct costs as a conGngency to be used,as required,to pay for any such
<br /> increased costs and changes. CLIENT further agrees to make no claim by way of direct or
<br /> third-party aclion against WSN w�th respect to any increased costs Mnthin 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 improvement to your property may file a lien against your
<br /> changes.
<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 Nrorkers'
<br /> compensation acts,claims for damages because of bodily in�ury including personal in�ury, (b) Under Minnesota law,you have the right to pay persons uvho
<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 injury to or destruction of deduct this amount from our contract price,or withhold the
<br /> property including loss of use resulting therefrom
<br /> amounts due from us until 120 days after completion of the
<br /> Also,WSN shall procure and maintain professional liability insurance for protection from claims improvement unless we give you a lien waiver signed by
<br /> ansing oui of performance of professional services caused by any negligent act,error,or persons who supplied any labor or materials for the
<br /> omission for which WSN is legally liable
<br /> improvement and who gave you timely notice.
<br /> CerGficates of insurance Hnll be provided to ihe CLIENT upon request
<br /> ARTICLE 18.ASSI6NMENT
<br /> Neither PaRy to this Agreement shall transfer,sublet or assign any nghts or duties under or
<br /> interest in this Agreement,including but not limited to monies that are due or monies that may
<br /> be due,without the prior written consent of the other party. Subcontracting to subconsultants,
<br /> nortnally 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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