Agenda Packets - 1997/06/23 - Laserfiche WebLink

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Terms and Conditions: • By accepting this agreement, the Client agrees to cooperate with the Project Management Group in order that the Project Management Group might complete performance of the service described in this agreement. It shall be at the sole discretion of the Client to terminate this agreement during any stage or partial stage of the development. If the Client does exercise the option to terminate,the Client agrees to pay all fees and expenses incurred in connection with this agreement including the hourly fees (defined in Addendum I) and expenses of the Project Management Group Client's counsel, bond counsel, surveyors, auditors, architects, and any others involved in the proposed project, together with all costs and expenses incurred in connection with the preparation, photocopying, and printing of all documents required to consummate this agreement and are responsible for all reimbursable expenses through the date of termination. Termination of this agreement must be given in written notice to the other. The Project Management Group agrees to provide its services in a professional and responsible manner, using its best efforts to achieve the most favorable terms of development for the Client. WAI/Continuum's Project Management Group reserves the right to terminate the agreement, should the Client change the program for the project or establish contingencies that the Project Management Group believes jeopardizes the feasibility of the project as originally established. In the event of termination by the Project Management Group, the Client agrees • to pay the Project Management Group's hourly fees and expenses incurred to the date of termination, along with all other fees, costs, and expenses incurred in connection with the project. WAI/Continuum's Project Management Group will not enter into any agreements with other consultants without the written consent of City of Mounds View. The Client and Project Manager have discussed the risks, rewards, and benefits of the Project and the Project Manager's total fee for services. The risks have been allocated such that the Client agrees that to the fullest extent permitted by law, except as hereinafter set forth, Project Manager's total liability to Client for any and all injuries, claims, losses, expenses, and damages arising out of this agreement from any cause or causes, shall not exceed the consultant's total fee for services rendered on this Project. Such causes include, but are not limited to, Project Manager's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. Provided, however, that Client does not by this provision release or limit the liability of other team members' responsibilities as defined in this agreement. WAI/Continuum Project Management Group, the Project Manager, Architectural Group, the Architect; Interiors Group, the Interior Designers, and Construction Services Group, the City of Mounds View-Mounds View Minnesota Letter of Agreement-May 28, 1997 • 4