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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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L <br />specific to the project and shall be the product of the Client. As such, any and all <br />insurance requirements made part of Contract Documents prepared by the Engineer are <br />not to be considered the Engineer's recommendation, and the Client shall make the final <br />decision regarding insurance requirements. <br />25. Information Provided by Others: The Engineer shall indicate to the Client the information <br />needed for rendering of the services of this Agreement. The Client shall provide to the <br />Engineer such information as is available to the Client and the Client's consultants and <br />contractors, and the Engineer shall be entitled to rely upon the accuracy and <br />completeness thereof. The Client recognizes that it is impossible for the Engineer to <br />assure the accuracy, completeness and sufficiency of such information, either because <br />it is impossible to verify, or because of errors or omissions which may have occurred in <br />assembling the information the Client is providing. Accordingly, the Client agrees, to the <br />fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's <br />subconsultants harmless from any claim, liability or cost (including reasonable attorneys' <br />fees and cost of defense) for injury or loss arising or allegedly arising from errors, <br />omissions or inaccuracies in documents or other information provided by the Client to <br />the Engineer. <br />26. Payment: Client shall be invoiced once each month for work performed during the <br />preceding period. Client agrees to pay each invoice within thirty -five (35) days of its <br />receipt. Client further agrees to pay Engineer's cost of collection of all amounts due and <br />unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as <br />ILwell as costs attributed to suspension of services accordingly and as follows: <br />Collection Costs. In the event legal action is necessary to enforce the payment <br />provisions of this Agreement, the Engineer shall be entitled to collect from the <br />Client any judgment or settlement sums due, reasonable attorneys' fees, court <br />costs and expenses incurred by the Engineer in connection therewith and, in <br />addition, the reasonable value of the Engineer's time and expenses spent in <br />connection with such collection action, computed at the Engineer's prevailing fee <br />schedule and expense policies. <br />L <br />Suspension of Services. If the Client fails to make payments when due or <br />otherwise is in breach of this Agreement, the Engineer may suspend <br />performance of services upon five (5) calendar days' notice to the Client. The <br />Engineer shall have no liability whatsoever to the Client for any costs or <br />damages as a result of such suspension caused by any breach of this <br />Agreement by the Client. Client will reimburse Engineer for all associated costs <br />as previously set forth in (Item 4 of) this Agreement. <br />E:3 <br />
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