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<br />furnish such , prior to authorization of the changed scope of work. In the event of changes to the scope
<br />of the Consultant’s services the Consultant shall advise the Client as to the amount or change in
<br />compensation within two weeks of notice of change.
<br />
<br />C. LIMITATION OF LIABILITY
<br />
<br />CONSULT ANT shall indemnify, defend, and hold harmless CLIENT and its officials , agents and
<br />employees from any loss, claim , liability, and expense (including reasonable attorneys' fees and
<br />expenses of litigation) arising from, or based in the whole , or in any part, on any negligence act or
<br />omission by CONSULT ANT'S employees, agents , or subconsultants. In no event shall CLIENT be
<br />liable to CONSULT ANT for consequential, incidental, indirect, special , or punitive damages.
<br />
<br />CLIENT shall indemnify, defend , and hold harmless CONSULTANT and its employees from any
<br />loss , claim , liability, and expense (including reasonable attorneys' fees and expenses of litigation)
<br />arising from, or based in the whole, or in any part, on any negligence act or omission by CLIENT'S
<br />employees, agents, or consultants. In no event shall CONSULT ANT be liable to CLIENT for
<br />consequential, incidental, indirect, special , or punitive damages.
<br />
<br />Nothing contained in this Agreement shall create a contractual relationship with or a cause of action
<br />in favor of a third party against either the CLIENT or the CONSULT ANT. The CONSULT ANT'S
<br />services under this Agreement are being performed solely for the CLIENT'S benefit and no other
<br />entity shall have any claim against the CONSULTANT because of this Agreement or the
<br />performance or nonperformance of services hereunder. The CLIENT agrees to include a provision in
<br />all contracts with contractors and other entities involved in this project to carry out the intent of the
<br />paragraph .
<br />
<br />Nothing in this Section shall be construed as a waiver of any liability limits or immunities
<br />contained in Minnesota Statutes, Chapter 466 .
<br />
<br />D. INSURANCE
<br />
<br />The CONSULT ANT agrees to maintain, at the CONSULT ANT'S expense, statutory worker's
<br />compensation coverage.
<br />
<br />The CONSULT ANT also agrees to maintain, at CONSULT ANT'S expense, general liability
<br />insurance coverage insuring CONSULTANT against claims for bodily injury, death or property
<br />damage arising out of CONSULT ANT'S general business activities (including automobile use). The
<br />liability insurance policy shall provide coverage for each occurrence in the minimum amount of
<br />$1,500,000.
<br />
<br />During the period of service provision, the CONSULT ANT also agrees to maintain, at
<br />CONSULT ANT'S expense, Professional Liability Insurance coverage insuring CONSULT ANT
<br />against damages for legal liability arising from an error, omission or negligent act in the
<br />performance of professional services required by this Agreement, providing that such coverage is
<br />reasonably available at commercially affordable premiums. For purposes of this Agreement,
<br />"reasonably available" and "commercially affordable" shall mean that more than half of the
<br />design professionals practicing in this state in CONSULT ANT'S discipline are able to obtain
<br />coverage. The professional liability insurance policy shall provide coverage for each occurrence
<br />in the amount of $1,500,000 and annual aggregate of $1,500,000 on a claims-made basis. In
<br />addition, the consultant shall name the CLIENT an additional insured and maintain this status
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