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13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
<br />the written consent of the other party.
<br />14. 'Yervices Not Provided For. No claim for services furnished by the Consultant not specifically
<br />provided for herein shall be honored by the City.
<br />15. 'Yeverability. The provisions of this Agreement are severable. If any portion hereof is, for any
<br />reason,, held by a court of competent jurisdiction to be contrary to law, such decision shall not
<br />affect the remaining provisions of this Agreement.
<br />16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
<br />supersedes all oral agreements and negotiations between the parties relating to the subject matter
<br />hereof as well as any previous agreements presently in effect between the parties relating to the
<br />subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of
<br />this Agreement shall be valid only when expressed in writing and duly signed by the parties,
<br />unless otherwise provided herein.
<br />17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
<br />abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be
<br />provided. The Consultant and City,, together with their respective agents and employees, agree to
<br />abide by the provisions of the Minnesota Data Practices Act,, Minnesota Statutes Section 13,, as
<br />amended,, and Minnesota Rules promulgated pursuant to Chapter 13. Subject to the professional
<br />standard of care identified in Paragraph 7, a violation of statutes,, ordinances, rules and
<br />regulations pertaining to the services to be provided shall constitute a material breach of this
<br />Agreement and entitle the City to immediately terminate this Agreement.
<br />18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
<br />affect,, in any respect, the validity of the remainder of this Agreement.
<br />19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
<br />employees harmless from any liability, claims, damages, costs, judgments, or expenses,
<br />including reasonable attorney's fees, to the extent resulting from a negligent act or omission
<br />(including without limitation professionally negligent errors or omissions) of the Consultant,, its
<br />agents, employees,, or subcontractors in the performance of the services provided by this
<br />Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
<br />all material respects, the obligations under this Agreement.
<br />20. Insurance,
<br />A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
<br />for such insurance as will protect against claims for bodily injury or death, or for damage
<br />to property, including loss of use, which may arise out of operations by Consultant or by
<br />any subcontractor or by anyone employed by any of them or by anyone for whose acts
<br />any of them may be liable. Such insurance shall include, but not be limited to, minimum
<br />coverages and limits of liability specified in this Paragraph, or required by law. The
<br />policy(ies) shall name the City as an additional insured for the services provided under
<br />this Agreement and shall provide that the Consultant's coverage shall be primary and
<br />noncontributory in the event of a loss.
<br />B. Consultant shall procure and maintain the following minimum insurance coverages and
<br />limits of liability on this Project.-
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