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<br />Public Standard Form – MN Page 5 of 11 2019 (20190712)
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<br />SECTION IV - GENERAL
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<br />A. STANDARD OF CARE
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<br /> Professional services provided under this Agreement will be conducted in a manner consistent with
<br />that level of care and skill ordinarily exercised by members of the CONSULTANT’S profession
<br />currently practicing under similar conditions. No warranty, express or implied, is made.
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<br />B. CHANGE IN PROJECT SCOPE
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<br /> In the event the CLIENT changes or is required to change the scope or duration of the project from
<br />that described in Exhibit I, and such changes require Additional Services by the CONSULTANT,
<br />the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. To
<br />the fullest extent practical, the CONSULTANT shall give notice to the CLIENT of any Additional
<br />Services, prior to furnishing such Additional Services. The CONSULTANT shall furnish an
<br />estimate of additional cost, prior to authorization of the changed scope of work and Agreement will
<br />be revised in writing.
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<br />C. LIMITATION OF LIABILITY
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<br />1. General Liability of CONSULTANT. For liability other than professional acts, errors, or
<br />omissions, and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend
<br />and hold harmless CLIENT from losses, damages, and judgments (including reasonable
<br />attorneys’ fees and expenses of litigation) arising from claims or actions relating to the Project,
<br />provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or destruction of tangible property, but only to the
<br />extent caused by the acts and omissions in the non-professional services of CONSULTANT or
<br />CONSULTANT’S employees, agents, or subconsultants.
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<br />2. Professional Liability of CONSULTANT. With respect to professional acts, errors and
<br />omissions and to the fullest extent permitted by law, CONSULTANT shall indemnify and hold
<br />harmless CLIENT from losses, damages, and judgments (including reasonable attorneys’ fees
<br />and expenses of litigation) arising from third-party claims or actions relating to the Project,
<br />provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury,
<br />sickness, disease, or death, or to injury to or destruction of tangible property, but only to the
<br />extent caused by a negligent act, error or omission of CONSULTANT or CONSULTANT’S
<br />employees, agents, or subconsultants. This indemnification shall include reimbursement of
<br />CLIENT’S reasonable attorneys’ fees and expenses of litigation, but only to the extent that
<br />defense is insurable under CONSULTANT’s liability insurance policies.
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<br />3. General Liability of Client. To the fullest extent permitted by law and subject to the maximum
<br />limits of liability set forth in Minnesota Statutes Section 466.04, CLIENT shall indemnify,
<br />defend and hold harmless CONSULTANT from losses, damages, and judgments (including
<br />reasonable attorneys’ fees and expenses of litigation) arising from third-party claims or actions
<br />relating to the Project, provided that any such claim, action, loss, damages, or judgment is
<br />attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
<br />property, but only to the extent caused by the acts or omission of CLIENT or CLIENT’S
<br />employees, agents, or other consultants.
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