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Reso 2008-1225
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Reso 2008-1225
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Last modified
7/1/2010 9:42:39 AM
Creation date
6/12/2008 3:59:44 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1225
Date (mm/dd/yyyy)
02/21/2008
Description
Spillis - 1st Addendum to Heritage Park & Garage ($15,000.00)
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<br />If the services under this Agreement continue for a period of more than one (1) year <br />from the notice to proceed, CONSULTANT shall be entitled to renegotiate the terms <br />of this Agreement. CONSULTANT shall not be bound under this Agreement jf <br />modifications to the terms contained herein are made without the written consent of <br />CONSULTANT (such consent to be signified by CONSULTANT'S initials next to <br />each modification, and if a fully executed copy hereof is not received from CLIENT by <br />CONSULTANT on or before sixty (60) calendar days from the date of execution by <br />CONSULTANT. <br /> <br />E). Termination: <br /> <br />This Agreement may be terminated by either party upon seven (7) days written notice <br />in event of the substantial failure by the other party to perform in accordance with the <br />terms of this Agreement through no fault of the terminating party. For the purpose of <br />this Agreement, the failure to pay any invoice submitted by CONSULTANT within <br />sixty (60) days of the date of said invoice, shall be considered a substantial failure on <br />behalf of CLIENT. In the event of any termination, CONSULTANT shall be paid for <br />all services rendered to the date of termination including all reimbursable expenses. <br /> <br />F). Liability: <br /> <br />CONSULTANT is protected by Workmen's Compensation Insurance, Professional <br />Liability Insurance and by Public Liability Insurance for bodily injury and property <br />damage and will furnish certificates of insurance upon request. CONSULTANT <br />agrees to hold CLIENT harmless from loss, damage, injury or liability arising solely <br />from the negligent acts or omission of CONSULTANT, its employees, agents, <br />subcontractors and their employees and agents, but only to the extent that the same <br />is actually covered and paid under the foregoing policies of insurance. If CLIENT <br />requires increased insurance coverage, CONSULTANT will, if specifically directed by <br />CLIENT, secure additional insurance obtained at CLIENT'S expense. <br /> <br />CLIENT agrees that CONSULTANT'S aggregate liability to CLIENT and all <br />construction and professional contractors and subcontractors employed directly or <br />indirectly by CLIENT on the Project, due to or arising from CONSULTANT'S services <br />under this Agreement or because of the relation hereby of CONSULTANT, its agents, <br />employees or subcontractors, or otherwise, is and shall be limited to <br />CONSULTANT'S total fees under this Agreement or $50,000.00 whichever is <br />greater. In no event shall CONSULTANT be liable for any indirect, special or <br />consequential loss or damage arising out of the services hereunder including, but not <br />limited to, loss of use, loss of profit, or business interruption whether caused by the <br />negligence of CONSULTANT or otherwise. <br /> <br />CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any <br /> <br />~!!E-!r~ <br /> <br />consulting engineers <br />
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