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2015_1005_CCpacket
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2015_1005_CCpacket
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9. USE OF ELECTRONIC MEDIA <br />a. Copies of Documents that inay be relied upon by the CLIENT are limited to the printed copies (also lcnown as hard copies) that <br />are signed or sealed by SRF. Files in electrotuc media fornlat of text, data, graphics, or of other types that are furnished by SRF <br />to the CLIENT are only for convenience of the CLIENT. Any conclusion or infornlation obtained or derived from such <br />electronic files will be at the user's sole rislc. <br />b. When transferring documents in electronic media format, SRF inakes no representations as to long-term compatibility, usability, <br />or readability of documents resulting from the use of software application pacicages, operating systems, or computer hardware <br />differing from those used by SRF at the beginning of this Assignment. <br />c. If tl�ere is a discrepancy between the electronic files and the hard copies, the hard copies govern. <br />d. Because data stored in electronic media fonnat can deteriorate or be modified inadvertently or otherwise without authorization of <br />this data's creator, the party receiving elect�•onic files agrees that it will perform acceptance tests or procedures within sixty (60) <br />days, after which the receiving party shall be deemed to have accepted the data thus transfeired. Any errors detected witlun the <br />sixty (60) day acceptance period will be corrected by flle party delivering the elech•onic files. SRF shall not be responsible to <br />maintain documents stored in electronic media format after acceptance by the CLIENT. <br />10. FORCE MAJEURE <br />SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement <br />resulting fi•om any cause beyond SRF's reasonable control. <br />11. ASSIGNMENT <br />Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. <br />12. BINDING EFFECT <br />This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, <br />administrators, successors, and assigns. <br />13. SEVERABILITY AND WANER OF PROVISIONS <br />Any provisions or part of the Agreeinent held to be void or unenforceable under any laws or regulations shall be deemed sh-icken, and <br />all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be <br />reformed to replace such strickev provision or part thereof with a valid and enforceable provision that comes as close as possible to <br />expressing the intention of the stricken provision. Non-enforcement of any provision by either pariy shall not constitute a waiver of <br />that provision, nor shall it affect the enforceaUility of that provision or of the remainder of this Agreeinent. <br />14. SURVIVAL <br />All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, <br />Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. <br />15. DISPUTE RESOLUTION <br />If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by <br />applicable law, then the parties agree that each dispute, claun or controversy arising from or related to this Agreement or the <br />relationships which result fi�om this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable <br />actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Coimnercial Mediation <br />Procedures of the American Arbih�ation Association then cui7•ently in effect. A request for mediation shall be filed in writing with the <br />American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days <br />froin the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of inediation <br />shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties <br />shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreernent shall be <br />enforceable as a settlement in any court having jurisdiction thereof. <br />16. CONTROLLING LAW <br />This Agreement is to be governed by the law of flle principal place of business of SRF. <br />17. SITE SAFETY <br />SRF shall not at any time supeivise, d'u-ect, control or have authority over or charge of, nor be responsible for, the conshuction means, <br />methods, techniques, sequences ar procedures, or for safety and security precautions and prograins in connection with the work <br />perfoimed by any Contractor for the Project, nor for any failure of any Contractor to coinply with laws and regulations applicable to <br />such Contractor's wark, since these are solely the Contractar's rights and responsibilities. SRF shall not be responsible for the acts or <br />omissions of any Contractar or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees <br />and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of seivices. <br />Page 2 of 2 <br />(MN Standard Terms and Conditions) <br />Rev: March 5, 2014 <br />
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