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04-14-25-R
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04-14-25-R
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<br />Public Standard Form – MN Page 5 of 8 v202504 <br /> <br />are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the <br />accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project <br />financing should be based upon contracted construction costs with appropriate contingencies. <br /> <br />F. CONSTRUCTION SERVICES. It is agreed that the CONSULTANT and its representatives shall not at any time <br />supervise, direct, control, or have authority over any contractor’s work, nor shall CONSULTANT have <br />authority over or be responsible for the means, methods, techniques, sequences, or procedures of <br />construction selected or used by any contractor, or the safety precautions and programs incident thereto, <br />for 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 shall not be <br />responsible for the acts or omissions of any contractor. CLIENT acknowledges that on-site contractor(s) are <br />solely responsible for construction site safety programs and their 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 changes, <br />copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as <br />hard copies) that are signed or sealed by CONSULTANT. Except for electronic/digital data which is <br />specifically identified as a project deliverable for this Agreement or except as otherwise explicitly provided <br />in this Agreement, all electronic/digital data developed by the CONSULTANT as part of the Project is <br />acknowledged to be an internal working document for the CONSULTANT’S purposes solely and any such <br />information provided to the CLIENT shall be on an “AS IS” basis strictly for the convenience of the CLIENT <br />without any warranties of any kind. As such, the CLIENT is advised and acknowledges that use of such <br />information may require substantial modification and independent verification by the CLIENT (or its <br />designees). <br /> <br />2. Provision of electronic/digital data, whether required by this Agreement or provided as a convenience to <br />the Client, does not include any license of software or other systems necessary to read, use or reproduce <br />the information. It is the responsibility of the CLIENT to verify compatibility with its system and long-term <br />stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all <br />claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party <br />use or any adaptation or distribution of electronic/digital data provided under this Agreement, unless such <br />third-party use and adaptation or distribution is explicitly authorized by this Agreement. <br /> <br />H. REUSE OF DOCUMENTS <br /> <br />1. Drawings and Specifications and all other documents (including electronic and digital versions of any <br />documents) prepared or furnished by CONSULTANT pursuant to this Agreement are instruments of service <br />in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all <br />fees owed to the CONSULTANT, the CLIENT shall acquire a limited license in all identified deliverables <br />(including Reports, Plans and Specifications) for any reasonable use relative to the Project and the general <br />operations of the CLIENT. Such limited license to Owner shall not create any rights in third parties. <br /> <br />2. CLIENT may make and disseminate copies for information and reference in connection with the use and <br />maintenance of the Project by the CLIENT. However, such documents are not intended or represented to be <br />suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse by <br />CLIENT or, any other entity acting under the request or direction of the CLIENT, without written verification <br />or adaptation by CONSULTANT for such reuse will be at CLIENT'S sole risk and without liability or legal <br />exposure to CONSULTANT and CLIENT shall indemnify and hold harmless CONSULTANT from all claims, <br />damages, losses, and expenses including attorney's fees arising out of or resulting from such reuse. <br /> <br /> <br />
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