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Consultant will name the Client as additional insured on service in respect to the Project and Consultant shall retain
<br /> Consultants commercial general liability insurance. an ownership and property interest therein whether or not
<br /> the Project is completed. Client may make and retain
<br /> 4.3 Successors and Assigns copies for information and reference in connection with the
<br /> 4.3.1 Client and Consultant each binds itself and use and the occupancy of the Project by Client and others;
<br /> its partners, successors, executors, administrators, however,such documents are not intended or represented
<br /> assigns,and legal representatives to the other party to this to be suitable for reuse by Client or others acting on behalf
<br /> Agreement and to the partners, successors, executors, of Client on extensions of the Project or on any other
<br /> administrators, assigns, and legal representatives of such project. Further, Consultant makes no warranty as to the
<br /> other party, in respect to all covenants, agreements, and compatibility of computer data files with computer software
<br /> obligations of this Agreement. and software releases other than that used by Consultant
<br /> 4.3.2 Neither Consultant nor Client shall assign or in performing services herein, and to the condition or
<br /> transfer any rights under or interest in(including,but without availability of the computer data after an acceptance period
<br /> limitation,moneys that may become due or moneys that are of thirty(30)days from delivery to Client. Any reuse without
<br /> due)this Agreement without the written consent of the other written verification or adaptation by Consultant for the
<br /> party,except as stated in paragraph 4.3.1 and except to the specific purpose intended will be at Client's sole risk and
<br /> extent that the effect of this limitation may be restricted by without liability or legal exposure to Consultant or to
<br /> law. Unless specifically stated to the contrary in any written Consultant's independent professional associates or
<br /> consent to an assignment, no assignment will release or subconsultants. Any such verification or adaptation will
<br /> discharge the assignor from any duty or responsibility under entitle Consultant to further compensation at rates to be
<br /> this Agreement. Nothing contained in this paragraph shall agreed upon by Client and Consultant.
<br /> prevent Consultant from employing such independent
<br /> consultants, associates, and subconsultants as it may 4.6 Consultant's Personnel at Proiect Site
<br /> deem appropriate to assist in the performance of services 4.6.1 The presence or duties of the Consultant
<br /> hereunder. personnel at a Project site, whether as onsite
<br /> 4.3.3 Nothing herein shall be construed to give any representatives or otherwise, do not make the Consultant
<br /> rights or benefits hereunder to any one other than Client or its personnel in any way responsible for those duties that
<br /> and Consultant except as otherwise provided herein. belong to the Client and/or the construction contractors or
<br /> other entities, and do not relieve the construction
<br /> 4.4 Compliance with Law contractors or any other entity of their obligations, duties,
<br /> 4.4.1 Consultant shall exercise the professional and responsibilities, including, but not limited to, all
<br /> standard of care to comply with, and cause its construction methods,means,techniques,sequences,and
<br /> subconsultants to comply with, applicable Federal, state, procedures necessary for coordinating and completing all
<br /> and local laws,orders,rules,and regulations in effect at the portions of the construction work in accordance with the
<br /> time services are rendered,and relating to the performance project documents and any health or safety precautions
<br /> of the services Consultant is to perform under this required by such construction work. The Consultant and its
<br /> Agreement. If the Scope of Services requires Consultant to personnel have no authority to exercise any control over
<br /> prepare an application for a permit, Consultant does not any construction contractor or other entity or their
<br /> represent or warrant that said permit or approval will be employees in connection with their work or any health or
<br /> issued by any governmental body. safety precautions and have no duty for inspecting, noting,
<br /> 4.4.2 Neither the Consultant nor the Consultant's observing, correcting, or reporting on health or safety
<br /> agents or employees shall discriminate against any deficiencies of the construction contractor or other entity or
<br /> employee or applicant for employment to be employed in any other persons at the site except Consultant's own
<br /> the performance of this Agreement with respect to hiring, personnel.
<br /> tenure, terms, conditions, or privileges of employment, 4.6.2 To the extent Consultant's Scope of Work
<br /> because of race,color,religion,sex, or national origin. includes construction observation, the Consultant shall
<br /> keep the Owner reasonably informed about the progress
<br /> 4.5 Ownership and Reuse of Documents and quality of the portion of the Work completed,and report
<br /> 4.5.1 All drawings,specifications,test reports,and to the Owner (1) known deviations from the Contract
<br /> other materials and work products which have been Documents and from the most recent construction schedule
<br /> prepared or fumished by Client prior to this Agreement shall submitted by the Contractor, and (2) defects and
<br /> remain Client's property. Consultant shall be permitted to deficiencies observed in the Work. Consultant neither
<br /> rely on Client furnished documents and Client shall make guarantees the performance of the contractor(s) nor
<br /> available to Consultant copies of these materials as assumes responsibility for contractor(s)'failure to perform
<br /> necessary for the Consultant to perform the services their work in accordance with the project documents.
<br /> requested hereunder.
<br /> 4.5.2 All drawings,specifications,test reports,and
<br /> other materials and work products, including computer
<br /> aided drawings, designs, and other data filed on electronic 4.7 Opinions of Cost, Financial Considerations, and
<br /> media which will be prepared or furnished by Consultant Schedules
<br /> (and Consultant's independent professional associates and In providing opinions of cost, financial analyses, economic
<br /> subconsultants) under this Agreement, are instruments of feasibility projections, and schedules for the Project, the
<br /> Lee Co Parks&Rec Consulting Agnnnt
<br /> February 2021
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