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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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containing the particular provisions held to be invalid in the particular state, country or <br />jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced <br />accordingly. <br />18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused by any <br />contingency beyond their control including but not limited to acts of God, wars, strikes, <br />walkouts, fires, natural calamities, or demands or requirements of governmental agencies. <br />19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be <br />approved by Client in writing. <br />20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property <br />and obtain all necessary approvals and permits required from all governmental authorities <br />having jurisdiction over the Project. Client shall pay costs (including Engineer's employee <br />salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such <br />access, permits or approvals, if Engineer performs such services. <br />21. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or <br />more persons to act with authority in its behalf in respect to appropriate aspects of the Project. <br />The persons designated shall review and respond promptly to all communications received <br />from the other party. <br />22. Notices: Any notice or designation required to be given to either party hereto shall be in writing, <br />and unless receipt of such notice is expressly required by the terms hereof shall be deemed to <br />be effectively served when deposited in the mail with sufficient first class postage affixed, and <br />addressed to the party to whom such notice is directed at such party's place of business or such <br />other address as either party shall hereafter furnish to the other party by written notice as herein <br />provided. <br />23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of <br />the project and the Engineer's total fee for services. In recognition of the relative risks and <br />benefits of the Project to both the Client and the Engineer, the risks have been allocated such <br />that the Client agrees that to the fullest extent permitted by law, the Engineer's total aggregate <br />liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any <br />nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, <br />including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total <br />Engineer's fee for 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, errors, <br />omissions, strict liability or breach of contract. It is intended that this limitation apply to any and <br />all liability or cause of action however alleged or arising, unless otherwise prohibited by law. <br />24. Client's Responsibilities: The Client agrees to provide full information regarding requirements for <br />and about the Project, including a program which shall set forth the Client's objectives, <br />schedule, constraints, criteria, special equipment, systems and site requirements. <br />The Client agrees to furnish and pay for all legal, accounting and insurance counseling services <br />as may be necessary at any time for the Project, including auditing services which the Client may <br />City of South Bend: South Side Improvements October 2, 2013 <br />19.11100167.00001 Page 9 <br />
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