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05-10-21-R
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05-10-21-R
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Professional Services Agreement <br />Hamline Avenue and Shorewood Drive Improvement Project <br />Job Number: 181582 <br />5/3/2021 <br />Page 6 of 10 <br /> <br />Version2.3 5.3.2021 <br />6.0 Terms and Conditions <br />The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. <br />6.1 Standard of Care <br />Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that <br />degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same <br />time and in the same or similar locality. <br />6.2 Entire Agreement <br />This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY <br />relating to COMPANY’s services. Any prior or contemporaneous agreements, promises, negotiations, or <br />representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this <br />AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. <br />6.3 Time Limit and Commencement of Services <br />This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. <br />The services will be commenced immediately upon receipt of this signed AGREEMENT. <br />6.4 Suspension of Services <br />If the COMPANY’S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the <br />COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days' written notice to <br />the CLIENT. <br />6.5 Books and Accounts <br />COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses <br />for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination <br />by CLIENT at the corporate office of COMPANY during that time. <br />6.6 Insurance <br />COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General <br />Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance <br />caused by the negligent performance by COMPANY's employees of the functions and services required under <br />this AGREEMENT. <br />6.7 Waiver <br />COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not <br />constitute a waiver of any other term, condition, or covenant, or the breach thereof. <br />6.8 Severability <br />If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of <br />competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full <br />force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed <br />herein. <br />6.9 Successors and Assigns <br />All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties <br />hereto, and their respective successors and assigns, provided, however, that no assignment of this <br />AGREEMENT shall be made without written consent of the parties to this AGREEMENT. <br />6.10 Third-Party Beneficiaries <br />Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor <br />of a third party against either the CLIENT or the COMPANY. The COMPANY’s services under this <br />AGREEMENT are being performed solely for the CLIENT’s benefit, and no other party or entity shall have any <br />claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services <br />hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, <br />subcontractors, sub-consultants, vendors and other entities involved in this project to carry out the intent of this <br />provision.
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