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03-08-2021 Council Packet
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03-08-2021 Council Packet
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10/30/2021 12:50:47 PM
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3/9/2021 11:15:29 AM
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City Council
Council Document Type
Council Packet
Meeting Date
03/08/2021
Council Meeting Type
Regular
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<br /> Proposal to Michael Grochala with City of Lino Lakes, MN 9 <br />Zoning Ordinance and Map Update February 9, 2021 <br />10.2 NOTICE OF CLAIMED ERRORS OR OMISSIONS. Client shall provide written notice, including all known particulars, to Consultant of any claimed errors or omissions in Consultant’s services not later than 60 calendar days after Client becomes aware, or in the exercise of reasonable diligence should have <br />become aware, of the existence of such error or omission. Consultant shall be given a reasonable opportunity, during such 60-day period, to investigate and <br />recommend ways of mitigating any alleged damages. Client’s failure to provide such notice, and/or Client’s failure to provide Consultant a reasonable opportunity to investigate and make recommendations, within the time stated shall constitute an irrevocable waiver of any and all claims, counterclaims, defenses, setoffs, <br />or recoupments Client might have in connection with any such alleged error or omission. In the event Client asserts a claim in violation of this paragraph, or in <br />the event that any other error and omission claim asserted by Client is determined to be without substantial merit, Client shall pay all of Consultant’s: internal labor costs at the Additional Services rate; reasonable attorneys’ fees; expenses; and arbitration and litigation costs incurred in investigating and defending such <br />claim. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. <br />10.3 ERRORS OR OMISSIONS OF CLIENT’S CONSULTANTS. If Client has separately retained other design professionals Client agrees to the fullest extent permitted by law (including without limitation Minnesota Statutes Ch. 466) to defend, indemnify, and hold the Consultant harmless from all loss, damage, <br />liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to (a) the negligent acts or omissions of such other design professionals, and/or (b) the failure of such other design professionals to carry or maintain professional liability insurance in an amount adequate to <br />protect Client and Consultant from loss.
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