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6E(1)
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08-30-12 Packet
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6E(1)
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lient agrees to have their own risk management department review any and all <br />surance requirements for adequacy and to determine specific types of insurance(s) <br />squired for the project. Client further agrees that decisions concerning types and <br />mounts of insurance are specific to the project and shall be the product of the Client. <br />s such, any and all insurance requirements made part of Contract Documents <br />repared by the Engineer are not to be considered the Engineer's recommendation, <br />id the Client shall make the final decision regarding insurance requirements. <br />25. Information Provided by Others: The Engineer shall indicate to the Client the <br />information needed for rendering of the services of this Agreement. The Client shall <br />provide to the Engineer such information as is available to the Client and the Client's <br />consultants and contractors, and the Engineer shall be entitled to rely upon the <br />accuracy and completeness thereof. The Client recognizes that it is impossible for the <br />Engineer to assure the accuracy, completeness and sufficiency of such information, <br />Either because it is impossible to verify, or because of errors or omissions which may <br />ave occurred in assembling the information the Client is providing. Accordingly, the <br />Client agrees, to the fullest extent permitted by law, to indemnify and hold the <br />Engineer and the Engineer's subconsultants harmless from any claim, liability or cost <br />( ncluding reasonable attorneys' fees and cost of defense) for injury or loss arising or <br />allegedly arising from errors, omissions or inaccuracies in documents or other <br />i iformation provided by the Client to the Engineer. <br />26. Payment: Client shall be invoiced once each month for work performed during the <br />receding 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 <br />and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, <br />as well 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 anyjudgment 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 <br />fee schedule and expense policies. <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 <br />costs as previously set forth in (Item 4 of) this Agreement. <br />27. Indemnity Clause: When construction observation tasks are part of the service to be <br />performed by the Engineer under this Agreement, the Client will include the <br />f (lowing clause in the construction contract documents and the Client agrees not to <br />modify or delete it: <br />M <br />
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