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02-13-17-R
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02-13-17-R
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<br /> <br />Exhibit A – General Contract Provisions 11.01.16 Page 4 <br />files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium <br />whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining <br />to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Clie nt <br />upon payment of all amounts due as of the date of termination. All provisions of this Agreement <br />allocating responsibility or liability between the Client and Consultant shall survive the completion of the <br />services hereunder and/or the termination of this Agreement. <br /> <br />ARTICLE 12 – INDEMNIFICATION <br />The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the <br />extent caused by the Consultant’s negligence or willful misconduct. <br /> <br />The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the <br />extent caused by the Client’s negligence or willful misconduct. <br /> <br />ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES <br />The Consultant and Client waive claims against each other for consequential damages arising out of or <br />relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, <br />for loss of use, loss of income, lost profit, project delays , financing, business and reputation and for loss <br />of management or employee productivity or of the services of such persons; and (2) Damages incurred <br />by the Consultant for principal office expenses including the compensation for personnel stationed there, <br />for losses of financing, business and reputation and for loss of profit except anticipated profit arising <br />directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of <br />their contractors, subcontractors or suppliers. <br /> <br />ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY <br />It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s <br />employees, officers or directors to any personal legal exposure for the risks associated with this <br />Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees <br />that as the Client’s sole and exclusive remedy, an y claim, demand or suit shall be directed and/or <br />asserted only against Consultant, and not against any of Consultant’s individual employees, officers or <br />directors. <br /> <br />ARTICLE 15 – ASSIGNMENT <br />Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the <br />Agreement nor any claims that may arise from services or payments due under the Agreement without <br />the written consent of the other Party. Any assignment in violation of this provision shall be null and void. <br />Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in <br />favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of <br />Consultant and Client and there are no other intended beneficiaries of this Agreement. <br /> <br />ARTICLE 16 – CONFLICT RESOLUTION <br />In an effort to resolve any conflicts that arise during the design or construction of the project or following <br />the completion of the project, the Client and Consultant agree that all disputes between them arising out <br />of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any <br />formal legal proceedings. <br /> <br />ARTICLE 17 – CONFIDENTIALITY <br />The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the <br />Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, <br />any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These <br />provisions shall not apply to information in whatever form that comes into the public domain, nor shall it <br />restrict the Consultant from giving notices required by law or complying with an order to provid e <br />information or data when such order is issued by a court, administrative agency or other authority with <br />proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the <br />Agreement or defend itself from any suit or claim. <br /> <br />
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