2008 - 01-07-08 Regular Meeting - Laserfiche WebLink

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0 0 BoOK 21 PAGE sib 6. Standard of Care: CONSULTANT provides no express or implied warranties or guarantees of any kind. CONSULTANT only agrees that the standard of care for all Services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of CONSULTANT's profession practicing under similar circumstances at the same time and in the same locality. 7. Limitation of Liability: If CONSULTANT fails to perform its services in accordance with its Standard of Care, CLIENT agrees to seek recourse only against CONSULTANT and not against its officers, employees, directors, shareholders, or entities. In additional consideration for this Agreement, both CLIENT and CONSULTANT hereby waive any right to pursue any and all claims for consequential damages, including any claims for lost profits against one another. 8. Notification of Breach or Delay: CLIENT shall provide prompt written notice to CONSULTANT if CLIENT becomes aware of any fault, defect or delay in the CONSULTANT's work or the work of any subcontractor or subconsullant, including any error, omission or inconsistency in such work or any alleged breach of contract by CONSULTANT. The failure of CLIENT to provide such written notice within five (5) business days from the time CLIENT became aware of, or should have become aware of, the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against CONSULTANT arising out of such fault, defect, delay, error, omission, inconsistency or breach. 9. Certifications: CONSULTANT shall not be required to sign any documents, no matter by whom requested, that would result in CONSULTANT having to certify, guarantee or warrant the existence of conditions whose existence CONSULTANT cannot ascertain. CLIENT agrees not to make resolution of any dispute with CONSULTANT or payment of any amount due to the CONSULTANT in any way contingent upon CONSULTANT's signing any such certification or document. 10. Contractor's Work: CONSULTANT shall not supervise, direct, or have control over Contractor's work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, procedures, safety policies or practices selected by Contractor. Likewise, CONSULTANT shall have no responsibility or liability for jobsite safety or any failure of Contractor to comply with plans, specifications, laws, regulations, or other documents applicable to Contractor's Work. 11. Protect Site: Should CLIENT not be owner of the project site, then CLIENT agrees to notify the Owner(s) of the potential for unavoidable alteration of Owner's property and to indemnify and defend CONSULTANT against any claims by the Owner or persons having possession of the site through the Owner which are related to such alteration or damage. 12. Buried Utilities: CLIENT, to the extent of its knowledge, will furnish to CONSULTANT information identifying the type and location of utilities and other man- made objects beneath the surface of the project site. Lee Count) Agreement for Professional Serv e,5 -Scattered Sae Housing Projenr FY 00