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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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No. 3178 Approving and Authorizing the Execution of an Addendum to the Master Agency Agreement (Southside Improvements Project)
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damages, and costs, including but not limited to attorney's fees, arising therefrom or in <br />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 adverse <br />consequences which the Engineer can neither predict nor control. Therefore, and in <br />consideration of the Engineer's agreement to deliver its instruments of professional service in <br />machine readable form, the Client agrees, to the fullest extent permitted by law, to hold <br />harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and <br />costs, including but not limited to attorney's fees, arising out of or in any way connected with <br />the modification, misinterpretation, misuse, or reuse by others of the machine readable <br />information and data provided by the Engineer under this Agreement. The foregoing <br />indemnification applies, without limitation, to any use of the Project Documentation on other <br />projects, for additions to this Project, or for completion of this Project by others, excepting only <br />such use as may be authorized, in writing, by the Engineer. <br />7. Reuse of Documents: All Project Documents including but not limited to reports, opinions of <br />probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement <br />are intended for use on the Project only. They cannot be used by Client or others on extensions <br />of the Project or any other project. Any reuse, without specific written verification or adaptation <br />by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer <br />from all claims, damages, losses, and expenses including attorney's fees arising out of or <br />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 and <br />professional materials. The Engineer's materials shall not include the Client's confidential and <br />proprietary information if the Client has previously advised the Engineer in writing of the <br />specific information considered by the Client to be confidential and proprietary. <br />8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a <br />manner consistent with that level of care and skill ordinarily exercised by members of the <br />profession currently practicing in the same locality under similar conditions as of the date of this <br />Agreement. <br />9. Compliance with Laws: The Engineer will strive to exercise usual and customary professional <br />care in his /her efforts to comply with those laws, codes, ordinance and regulations which are in <br />effect as of the date of this Agreement. With specific respect to prescribed requirements of the <br />Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), <br />Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue <br />and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of <br />interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action <br />against Engineer, and to indemnify and defend Engineer against any claim arising from <br />Engineer's alleged failure to meet ADA requirements prescribed. <br />Further to the law and code compliance, the Client understands that the Engineer will strive to <br />provide designs in accordance with the prevailing Standards of Practice as previously set forth, <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.R100167.00001 Page 6 <br />
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