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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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No. 2803 approving/authorizing the execution of an addendum to the Master Agency Agreement (1503/1505 Prairie Ave. - demolition planning project)
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10/18/2012 12:44:20 PM
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CJ <br />extent permitted by law, to hold harmless and indemnify the Engineer from and against <br />all claims, liabilities, losses, damages, and costs, including but not limited to attorney's <br />fees, arising therefrom or in connection therewith. <br />The Client recognizes that changes or modifications to the Engineer's instruments of <br />professional service introduced by anyone other than the Engineer may result in <br />adverse consequences which the Engineer can neither predict nor control. Therefore, <br />and in consideration of the Engineer's agreement to deliver its instruments of <br />professional service in machine readable form, the Client agrees, to the fullest extent <br />permitted by law, to hold harmless and indemnify the Engineer from and against all <br />claims, liabilities, losses, damages, and costs, including but not limited to attorney's <br />fees, arising out of or in any way connected with the modification, misinterpretation, <br />misuse, or reuse by others of the machine readable information and data provided by <br />the Engineer under this Agreement. The foregoing indemnification applies, without <br />limitation, to any use of the Project Documentation on other projects, for additions to this <br />Project, or for completion of this Project by others, excepting only such use as may be <br />authorized, in writing, by the Engineer. <br />7. Reuse of Documents: All Project Documents including but not limited to reports, <br />opinions of probable costs, drawings and specifications furnished by Engineer pursuant <br />to this Agreement are intended for use on the Project only. They cannot be used by <br />Client or others on extensions of the Project or any other project. Any reuse, without <br />specific written verification or adaptation by Engineer, shall be at Client's sole risk, and <br />Client shall indemnify and hold harmless Engineer from all claims, damages, losses, <br />and expenses including attorney's fees arising out of or resulting therefrom. <br />The Engineer shall have the right to include representations of the design of the Project, <br />including photographs of the exterior and interior, among the Engineer's promotional <br />and professional materials. The Engineer's materials shall not include the Client's <br />confidential and proprietary information if the Client has previously advised the Engineer <br />in writing of the specific information considered by the Client to be confidential and <br />proprietary. <br />8. Standard of Practice: The Engineer will strive to conduct services under this agreement <br />in a manner consistent with that level of care and skill ordinarily exercised by members <br />of the profession currently practicing in the same locality under similar conditions as of <br />the date of this Agreement. <br />9. Compliance with Laws: The Engineer will strive to exercise usual and customary <br />professional care in his /her efforts to comply with those laws, codes, ordinance and <br />regulations which are in effect as of the date of this Agreement. With specific respect to <br />prescribed requirements of the Americans with Disabilities Act of 1990 or certified state <br />or local accessibility regulations (ADA), Client understands ADA is a civil rights <br />legislation and that interpretation of ADA is a legal issue and not a design issue and, <br />accordingly, retention of legal counsel (by Client) for purposes of interpretation is <br />advisable. As such and with respect to ADA, Client agrees to waive any action against <br />Engineer, and to indemnify and defend Engineer against any claim arising from <br />Engineer's alleged failure to meet ADA requirements prescribed. <br />3 <br />
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