2022-01-19 EDA Packet - Laserfiche WebLink

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vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles in an amount not less than the prescribed State requirements. Indemnity Provisions: In recognition of the relative risks and benefits of the Project to both the Owner and Consultant, the risks have been allocated such that the Owner agrees, to the fullest extent permitted by law, to limit the liability of the Consultant and the Consultant's officers, directors, partners, employees and sub-consultants (hereinafter jointly referred to as "Consultant") to the Owner for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert witness fees and costs, so that the total aggregate liability of the consultant for the entire Project which is the subject of this Agreement, regardless of how limited in scope the services under this Agreement may be , shall not exceed the Consultants total aggregate fee received for services for the Project. To the fullest extent permitted by law, Owner shall indemnify and hold harmless CR-BPS from and against any and all costs, losses and damages arising from claims against CR-BPS by third parties (including but not limited to all fees and charges of engineers, architects, attorneys another professionals, and all court or arbitration or other dispute resolution costs) to the extent caused by the negligent acts or omissions of Owner or Owner's officers, directors, partners and employees in the performance and furnishing of Owner's services under this Agreement. To the fullest extent permitted by law, CR-BPS shall indemnify and hold harmless Owner, Owner's officers, directors, partners and employees from claims against Owner by third parties (including but not limited to all fees and charges of engineers, architects, attorneys another professionals, and all court or arbitration and other dispute resolution costs) to the extent caused by the negligent acts or omissions of CR-BPS or CR-BPS's officers, directors, partners and employees in the performance and furnishing of CR-BPS services under this Agreement. Dispute Resolution CR-BPS and Owner each agree to be bound by and subject to the dispute resolution provisions set out in the Agreement. In the absence of any provisions to the contrary in the Agreement, CR-BPS and Owner agree that any disputes shall be resolved under the laws of the state of Minnesota. To resolve any conflicts that arise during the design or construction of the Project or following the completion of the Project, CR-BPS and Owner agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Owner agrees that it will also participate in non-binding mediation proceedings with the Owner if required for in the Agreement. The Owner and CR-BPS further agree to include similar mediation provision in all agreements with independent contractors and Owners retained for the Project and to require all independent contractors and Owners also to include a similar mediation provision in all agreements with subcontractors, sub-Owners, suppliers, or fabricators so retained, thereby providing for WWW.CR-BPS.COM 5