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10-27-14-R
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10-27-14-R
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it <br />Kimsey>>>Horn Page 9 <br />or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any <br />contractor.The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of <br />confidence that the completed work of its contractors will generally conform to the construction documents <br />prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes <br />responsibility for any contractor's failure to perform its work in accordance with the contract documents. <br />c) The Consultant is not responsible for any duties assigned to the design professional in the construction <br />contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any <br />contractor shall state that the contractor shall be solely responsible for job site safety and for its means and <br />methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of <br />job site accidents; and that the Client and the Consultant shall be made additional insureds under the <br />contractor's general liability insurance policy. <br />16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or <br />benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken <br />pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not <br />assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of <br />services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to <br />augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market <br />conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for <br />services identified in the contract, regardless of whether the services are provided by in-house employees, <br />contract employees, or independent subconsultants. <br />17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the <br />project and to the use by the Consultant of facts, data and information obtained by the Consultant in the <br />performance of its services. If, however, any facts, data or information are specifically identified in writing by the <br />Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. <br />18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Minnesota. This <br />Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and <br />contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except <br />as provided in Section 1,this Agreement can be supplemented or amended only by a written document executed <br />by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the <br />Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is <br />unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining <br />provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision <br />nor shall it affect the enforceability of that provision or of the remainder of this Agreement. <br />University - - e
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