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ARTICLE 12.REQUESTS FOR INFORMATION(RFI)
<br /> If included in the scope of services,WIDSETH will provide,with reasonable promptness,written ARTICLE 19.NO THIRD-PARTY BENEFICIARIES
<br /> responses to requests from any contractor for clarification,Interpretation or information on the Nothing contained in this Agreement shall create a contractual relationship ora cause of
<br /> requirements of the Contract Documents.If Contractor's RFI's are,in WIDSETH's professional action by a third-party against either WIDSETH or CLIENT.WIDSETH's services pursuant to
<br /> opinion,for information readily apparent from reasonable observation of field conditions or this Agreement are being performed solely for the CLIENTs benefit,and no other party or
<br /> review of the Contract Documents,or are reasonably inferable therefrom,WIDSETH shall be entity shall have any claim against WIDSETH because of this Agreement
<br /> entitled to compensation for Additional Services for WIDSETH's time In responding to such
<br /> requests.CLIENT may wish to make the Contractor responsible to the CLIENT for all such
<br /> charges for additional services as described in this article. ARTICLE 20.CORPORATE PROTECTION
<br /> It is intended by the parties to this Agreement that WIDSETH's services in connection with
<br /> the Project shall not subject WIDSETH's individual employees,officers or directors to any
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION personal legal exposure for the rIsks associated with this Project Therefore,and
<br /> If included In the scope of services,WIDSETH will make site visits as specified in the scope of notwithstanding anything to the contrary,CLIENT agrees that as the CLIENTs sole and
<br /> services in order to observe the progress of the Work completed.Such site visits and exclusive remedy,any claim,demand or suit shall be directed and/or asserted only against
<br /> observations are not intended to bean exhaustive check or detailed inspection,but rather are to WIDSETH,a Minnesota corporation,and not against any of WIDSETH's individual
<br /> allow WIDSETH to become generally familiar with the Work.WIDSETH shall keep CLIENT employees,officers or directors.
<br /> informed about the progress of the Work and shall advise the CLIENT about observed
<br /> deficiencies in the Work.WIDSETH shall not supervise,direct or have control over any
<br /> Contractor's work,nor have any responsibility for the construction means,methods,techniques, ARTICLE 21.CONTROLLING LAW
<br /> sequences or procedures selected by the Contractor nor for the Contractor's safety precautions This Agreement is to be governed by the laws of the State of Minnesota.
<br /> or programs in connection with the Work.These rights and responsibilities are solely those of
<br /> the Contractor.WIDSETH shall not be responsible for any acts or omissions of any Contractor
<br /> and shall not be responsible for any Contractor's failure to perform the Work in accordance with ARTICLE 22.ASSIGNMENT OF RISK
<br /> the Contract Documents or any applicable laws,codes,regulations,or Industry standards. In recognition of the relative risks and benefits of the project to both the CLIENT and
<br /> WIDSETH,the risks have been allocated such that the CLIENT agrees,to the fullest extent
<br /> If construction observation services are not included in the scope of services,CLIENT assumes permitted by law,to limit the lability of WIDSETH,employees of WIDSETH and sub-
<br /> ail responsibility for Interpretation of the Contract Documents and for construction observation, consultants,to the CLIENT and to all construction contractors,subcontractors,agents and
<br /> and the CLIENT waives any claims against WIDSETH that are connected with the performance assigns on the project for any and all daims,losses,costs,damages of any nature
<br /> of such services. whatsoever or claims expenses from any cause or causes,so that total aggregate liability of
<br /> WIDSETH,employees of WIDSETH and sub-consultants,to all those named shall not
<br /> exceed WIDSETH's total fee received for services rendered on this project Such claims and
<br /> ARTICLE 14.BETTERMENT causes Include,but are not limited to negligence,professional errors or omissions,strict
<br /> If,due to WIDSETH's negligence,a required item or component of the Project is omitted from liability,breach of contract or warranty.
<br /> the construction documents,WIDSETH shall not be responsible for paying the cost required to
<br /> add such Item or component to the extent that such item or component would have been
<br /> required and included in the original construction documents.In no event,will WIDSETH be ARTICLE 23.NON-DISCRIMINATION
<br /> responsible for any cost or expense that provides betterment or upgrades or enhances the WIDSETH will comply with the provisions of applicable federal,state and local statutes,
<br /> value of the Project ordinances and regulations pertaining to human rights and non-discrimination.
<br /> ARTICLE 15.CERTIFICATIONS,GUARANTEES AND WARRANTIES ARTICLE 24.SEVERABILITY
<br /> WIDSETH shall not be required to sign any documents,no matter by who requested,that would My provision or portion thereof in this Agreement which is held to be void or unenforceable
<br /> result in WIDSETH having to certify,guarantee or warrant the existence of conditions whose under any law shall be deemed stricken and all remaining provisions shad continue to be
<br /> existence WIDSETH cannot ascertain.CLIENT agrees not to make resolution of any dispute valid and binding between CLIENT and WIDSETH.All limits of liability and indemnities
<br /> with WIDSETH or payment of any amount due to WIDSETH in any way contingent upon contained in the Agreement shall survive the completion or termination of the Agreement
<br /> WIDSETH signing such certification.
<br /> ARTICLE 16.CONTINGENCY FUND ARTICLE 25.PRE-LIEN NOTICE
<br /> CLIENT and WIDSETH agree that certain Increased costs and changes may be required PURSUANT TO THE AGREEMENT WIDSETH WILL BE
<br /> because of possible omissions,ambiguities or inconsistencies in the plans and specifications PERFORMING SERVICES IN CONNECTION WITH
<br /> prepared by WIDSETH,and therefore,that the final construction cost of the Project may exceed
<br /> the bids,contract amount or estimated construction cost CLIENT agrees to set aside a reserve IMPROVEMENTS OF REAL PROPERTY AND MAY CONTRACT
<br /> in the amount of 5%of the Project construct costs as a contingency to be used,as required,to WITH SUBCONSULTANTS OR SUBCONTRACTORS AS
<br /> pay for any such Increased costs and changes.CLIENT further agrees to make no claim by way APPROPRIATE TO FURNISH LABOR,SKILL AND/OR
<br /> of direct or third-party action against WIDSETH with respect to any Increased costs within the
<br /> contingency because of such changes or because of any claims made by any Contractor MATERIALS IN THE PERFORMANCE OF THE WORK.
<br /> relating to such changes. ACCORDINGLY,CLIENT IS ENTITLED UNDER MINNESOTA LAW
<br /> TO THE FOLLOWING NOTICE:
<br /> ARTICLE 17.INSURANCE
<br /> WIDSETH shall procure and maintain insurance for protection from claims against it under (a) ANY PERSON OR COMPANY SUPPLYING LABOR OR
<br /> workers'compensation acts,claims for damages because of bodily injury including personal
<br /> Injury,sickness or disease or death of any and all employees or of any person other than such MATERIALS FOR THIS IMPROVEMENT TO YOUR
<br /> employees,and from claims against it for damages because of injury to or destruction of PROPERTY MAY FILE A LIEN AGAINST YOUR
<br /> property including loss of use resulting therefrom. PROPERTY IF THAT PERSON OR COMPANY IS NOT
<br /> Also,WIDSETH shall procure and maintain professional lability insurance for protection from PAID FOR ITS CONTRIBUTIONS.
<br /> claims arising out of performance of professional services caused by any negligent act,error,or
<br /> omission for which WIDSETH Is legally liable. (Ii) UNDER MINNESOTA LAW,YOU HAVE THE RIGHT TO
<br /> Certificates of insurance will be provided to the CLIENT upon request PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS
<br /> FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS
<br /> ARTICLE 18.ASSIGNMENT AMOUNT FROM OUR CONTRACT PRICE,OR WITHHOLD
<br /> Neither Party to this Agreement shall transfer,sublet or assign any rights or duties under or THE AMOUNTS DUE FROM US UNTIL 120 DAYS AFTER
<br /> Interest In this Agreement,including but not limited to monies that are due or monies that may COMPLETION OF THE IMPROVEMENT UNLESS WE
<br /> be due,without the prior written consent of the other party.Subcontracting to subconsultants, GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO
<br /> normally contemplated by WIDSETH as a generally accepted business practice,shall not be SUPPLIED ANY LABOR OR MATERIALS FOR THE
<br /> considered an assignment for purposes of this Agreement
<br /> IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
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