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06-28-21-R
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06-28-21-R
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6/28/2021 4:28:13 PM
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<br />Public Standard Form – MN Page 7 of 11 2019 (20190712) <br /> <br />7. Prior to commencement of this Agreement, CONSULTANT will provide the CLIENT with <br />certificates of insurance, showing evidence of required coverages. All policies of insurance <br />shall contain a provision or endorsement that the coverage afforded will not be canceled or <br />reduced in limits by endorsement for any reason except non-payment of premium, until at least <br />30 days prior written notice has been given to the Certificate Holder, and at least 10 days prior <br />written notice in the case of non-payment of premium <br /> <br />E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST <br /> <br /> Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of <br />construction cost will generally be based upon public construction cost information. Since the <br />CONSULTANT has no control over the cost of labor, materials, competitive bidding process, <br />weather conditions and other factors affecting the cost of construction, all cost estimates are <br />opinions for general information of the CLIENT and the CONSULTANT does not warrant or <br />guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that <br />costs for project financing should be based upon contracted construction costs with appropriate <br />contingencies. <br /> <br />F. CONSTRUCTION SERVICES <br /> <br /> It is agreed that the CONSULTANT and its representatives shall not at any time supervise, direct, <br />control, or have authority over any contractor’s work, nor shall CONSULTANT have authority <br />over or be responsible for the means, methods, techniques, sequences, or procedures of construction <br />selected or used by any contractor, or the safety precautions and programs incident thereto, for <br />security or safety at any Project site, nor for any failure of a Contractor to comply with Laws and <br />Regulations applicable to that Contractor’s furnishing and performing of its work. CONSULTANT <br />shall not be responsible for the acts or omissions of any Contractor. CLIENT acknowledges that <br />on-site contractor(s) are solely responsible for construction site safety programs and their <br />enforcement. <br /> <br />G. USE OF ELECTRONIC/DIGITAL DATA <br /> <br />1. Because of the potential instability of electronic/digital data and susceptibility to unauthorized <br />changes, copies of documents that may be relied upon by CLIENT are limited to the printed <br />copies (also known as hard copies) that are signed or sealed by CONSULTANT. Except for <br />electronic/digital data which is specifically identified as a project deliverable for this <br />Agreement or except as otherwise explicitly provided in this Agreement, all electronic/digital <br />data developed by the CONSULTANT as part of the Project is acknowledged to be an internal <br />working document for the CONSULTANT’S purposes solely and any such information <br />provided to the CLIENT shall be on an “AS IS” basis strictly for the convenience of the <br />CLIENT without any warranties of any kind. As such, the CLIENT is advised and <br />acknowledges that use of such information may require substantial modification and <br />independent verification by the CLIENT (or its designees). <br /> <br />2. Provision of electronic/digital data, whether required by this Agreement or provided as a <br />convenience to the Client, does not include any license of software or other systems necessary <br />to read, use or reproduce the information. It is the responsibility of the CLIENT to verify <br />compatibility with its system and long-term stability of media. CLIENT shall indemnify and <br />hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and <br />expenses, including attorneys' fees arising out of or resulting from third party use or any
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