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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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G <br />17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to <br />contravene or to be invalid under the laws of any particular state, county or jurisdiction <br />where used, such contravention shall not invalidate the entire Agreement, but it shall be <br />construed as if not containing the particular provisions held to be invalid in the particular <br />state, country or jurisdiction and the rights or obligations of the parties hereto shall be <br />construed and enforced accordingly. <br />18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused <br />by any contingency beyond their control including but not limited to acts of God, wars, <br />strikes, walkouts, fires, natural calamities, or demands or requirements of governmental <br />agencies. <br />19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor <br />must be approved by Client in writing. <br />20. Access and Permits: Client shall arrange for Engineer to enter upon public and private <br />property and obtain all necessary approvals and permits required from all governmental <br />authorities having jurisdiction over the Project. Client shall pay costs (including <br />Engineer's employee salaries, overhead and fee) incident to any effort by Engineer <br />toward assisting Client in such access, permits or approvals, if Engineer perform such <br />services. <br />21. Designation of Authorized Reoresentative: Each party (to this Agreement) shall <br />designate one or more persons to act with authority in its behalf in respect to <br />appropriate aspects of the Project. The persons designated shall review and respond <br />promptly to all communications received from the other party. <br />22. Notices: Any notice or designation required to be given to either party hereto shall be in <br />writing, and unless receipt of such notice is expressly required by the terms hereof shall <br />be deemed to be effectively served when deposited in the mail with sufficient first class <br />postage affixed, and addressed to the party to whom such notice is directed at such <br />party's place of business or such other address as either party shall hereafter furnish to <br />the other party by written notice as herein provided. <br />23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and <br />benefits of the project and the Engineer's total fee for services. In recognition of the <br />relative risks and benefits of the Project to both the Client and the Engineer, the risks <br />have been allocated such that the Client agrees that to the fullest extent permitted by <br />law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, <br />costs, losses, expenses, damages of any nature whatsoever or claim expenses arising <br />out of this Agreement from any cause or causes, including attorney's fees and costs, <br />and expert witness fees and costs, shall not exceed the total Engineer's fee for <br />professional engineering services rendered on this project as made part of this <br />Agreement. Such causes included but are not limited to the Engineer's negligence, <br />errors, omissions, strict liability or breach of contract. It is intended that this limitation <br />apply to any and all liability or cause of action however alleged or arising, unless <br />j otherwise prohibited by law. <br />
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