PSA - Black & Veatch Corp - Peer review for LTCP

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Section 3. Term (and Renewal Option, if Applicable). This Agreement shall be effective for a period of 180 days commencing on 2017 ("Effective Date") and shall end when the Engineer has satisfactorily completed and delivered the work as listed in Exhibit A, expected to be no later than December 31, 2017 ("Expiration Date"). The Parties may mutually agree in writing to extend the term of this Agreement subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Engineer shall not assign or subcontract the whole or any pail of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Engineer understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Engineer in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Engineer agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Engineer shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Engineer. Both patties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither patty will assume liability to the other patty for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or sub -engineers of the other party. To that extent, Engineer shall indemnify City against any and all claims, demands and causes of action for bodily injury to or death of persons or for damage to or destruction of property (other than property of City or construction work in progress, for which City shall have responsibility) resulting solely from any and all negligent physical acts of Engineer while at City's facility. The parties hereby waive all claims for property damage against the other, however, such damages may be caused, including without limitation the negligence or fault of the other party, and shall require their insurers to waive subrogation rights against the other party under any applicable policy of property insurance. The Engineer shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Engineer's employees as provided in Section 20. Notwithstanding any provision in this Agreement to the contrary, and to the fullest extent permitted by law, Engineer (including any of its related or affiliated companies) shall not be liable to City and City expressly waives all claims for loss of profits, revenue, use, opportunity,