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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 provide,with reasonable promptness,written Nothing contained in this Agreement shall create a contractual relationship or a cause of
<br /> responses to requests from any contractor for clarification,interpretation or information on the action by a third-party against either WSN or CLIENT.WSN's services pursuant to this
<br /> requirements of the Contract Documents. If Contractor's RFI's are,in WSN's professional Agreement are being performed solely for the CLIENTs benefit,and no other party or entity
<br /> opinion,for information realty apparent from reasonable observation 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 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 20.CORPORATE PROTECTION
<br /> additional services as described in this article. It is intended by the parties to this Agreement that WSN's services in connection with the
<br /> Project shall not subject WSN's individual employees,officers or directors to any personal
<br /> legal exposure for the risks associated with this Project.Therefore,and notwithstanding
<br /> ARTICLE 13.CONSTRUCTION OBSERVATION anything to the contrary,CLIENT agrees that as the CLIENTs sole and exclusive remedy,
<br /> If included in the scope of services,WSN wig make site visits as specified in the scope of any claim,demand or suit shall be directed and/or 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 aganst any of WSN's individual employees,officers or directors.
<br /> observations are not intended to be an exhaustive check or detailed inspection,but rather are to
<br /> Mow WSN to become generally familiar with the Work.WSN shall keep CLIENT informed
<br /> about the progress of the Work and shall advise the CLIENT about observed deficiencies in the ARTICLE 21.CONTROLLING LAW
<br /> Work. WSN shall not supervise,direct or have control over any Contractor's work,nor have This Agreement is to be governed by the laws of the State of Minnesota.
<br /> any responsiblity for the construction means,methods,techniques,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 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 project 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 fulest extent permitted by
<br /> applicable laws,codes,regulations,or industry standards. law,to limit the liability of WSN,employees of WSN and sub-consultants,to the CLIENT and
<br /> to at construction contractors,subcontractors,agents and assigns on the project for any and
<br /> If construction observation services are not irogoded in the scope of services,CLIENT assumes all claims,losses,costs,damages of any nature whatsoever or claims expenses from any
<br /> all responsibility for interpretation of the Contract Documents and for construction observation, 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 prised.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 WSN's negligence,a required item or component of the Project 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 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-discrimination.
<br /> included in the original construction document& In no event will WSN be responsible for any
<br /> cost or expense that provides betterment or upgrades or entrances the value of the Project.
<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 provisions shall continue to be
<br /> WSN shall not be required to sign any documents,no matter by who requested,that would valid and binding between CLIENT and WSN.All Timis of liablity and indemnities contained
<br /> result in WSN having to certIy,guarantee or warrant the existence of conditions whose in the Agreement shall survive the completion or termination of the Agreement.
<br /> existence WSN cannot ascertain. CLIENT agrees not to make resolution 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 /> Pursuant to the Agreement WSN will be performing services in
<br /> ARTICLE 18.CONTINGENCY FUND connection with improvements of real property and may contract with
<br /> CLIENT and WSN agree that certain increased costs and changes may be required because of p p Y
<br /> possible omissions,ambiguities or inconsistendes in the plans and specifications prepared by subconsultants or subcontractors as appropriate to furnish 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 construction cost. CLIENT agrees to set aside a reserve In the amount of is entitled under Minnesota law to the following Notice:
<br /> 5%of the Project construct costs as a contingency 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 action against WSN with respect to any increased costs within 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 Contractor relating to such improvement to your property Y ma 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 claims 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 injury to or destruction of deduct this amount from our contract rice,or withhold the
<br /> property including loss of use resulting therefrom. p
<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 /> arising out 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. p pp Y
<br /> improvement and who gave you timely notice.
<br /> Certificates of insurance will be provided to the CLIENT upon request
<br /> ARTICLE 18.ASSIGNMENT
<br /> Neither Party to this Agreement shall transfer,sublet or assign any rights 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 /> 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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