|
Page 7
<br /> represents that it shall retain the necessary mechanisms to read the electronic media,which the OWNER acknowledges to be of
<br /> only limited duration. All title blocks and the engineer's seal,if applicable,shall be removed if and when the OWNER provides
<br /> the subject CADD drawings/electronic media to any other entity. The OWNER agrees not to alter any such information
<br /> provided by ENGINEER,nor shall it use such information for any purpose or project other than that intended by this Agreement.
<br /> 7.4 Insurance
<br /> 7.4.1 ENGINEER shall procure and maintain insurance as set forth in 8.4.2,for protection from claims under workers'
<br /> compensation acts,claims for damages because of bodily injury including personal injury,sickness or disease or death of any
<br /> and all employees or of any person other than such employees,and from claims or damages because of injury to or destruction of
<br /> property including loss of use resulting therefrom. ENGINEER shall list OWNER as an additional insured on ENGINEER's
<br /> general liability insurance policy.
<br /> 7.4.2 7.4.2.1 Workers'Compensation in Statutory amount and Employer's Liability$500,000 Each Occurrence,$500,000
<br /> Aggregate
<br /> 7.4.2.2 General Liabili_tyin_General Aggregate_of$1,00D,000_with_Each_Occurrence(Bodily-Injury-and
<br /> Property Damage)of$1,000,000
<br /> 7.4.2.3 Excess Umbrella Liability for Each Occurrence$3,000,000,in the Aggregate$3,000,000
<br /> 7.4.2.4 Automobile Liability in Combined Single Limit(Bodily Injury and Property Damage)for Each Accident,
<br /> $1,000,000
<br /> 7.4.2.5 Professional Liability Claims Made Form in Combined Single Limit of$1,000,000
<br /> 7.4.3 OWNER shall require Contractor to purchase and maintain general liability and other insurance as specified in the
<br /> Contract Documents and to list ENGINEER and ENGINEER's Consultants as additional insureds with respect to such liability,
<br /> property and other insurance purchased and maintained by Contractor.
<br /> 7.4.4 At any time OWNER may request that ENGINEER,at OWNER's sole expense,provide additional insurance coverage,
<br /> different limits or revised deductibles in excess of those specified above. If so requested by OWNER,and if commercially
<br /> available,ENGINEER shall obtain and shall require ENGINEER's Consultants to obtain such additional insurance coverage,
<br /> different limits or revised deductibles,for such periods of time as requested by OWNER,at OWNER's sole expense,and this
<br /> Agreement will be supplemented to incorporate these requirements.
<br /> 7.5 Controlling Law
<br /> This Agreement is to be governed by the law of the State of Minnesota.
<br /> 7.6 Successors and Assigns
<br /> 7.6.1 Neither party may assign this Agreement without the written consent of the other party, but BRW may enter into
<br /> subcontracts for portions of the work upon notice to Client.
<br /> 7.6.2 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any
<br /> third party.
<br /> 7.7 Dispute Resolution
<br /> OWNER and ENGINEER agree to negotiate in good faith for a period of thirty days from the date of notice of all disputes
<br /> between them prior to exercising their rights under other provisions of this Agreement,or under law. The parties agree that all
<br /> disputes remaining unresolved after thirty days will be submitted to a mutually agreeable neutral mediator,as a condition
<br /> precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apportioned equally
<br /> between the parties.
<br /> 7.8 Allocation of Risks--Indemnification
<br /> 7.8.1 Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or
<br /> omissions of the other party,employees,agents or contractors performing under this Agreement,and each party shall indemnify,
<br /> defend,and save harmless the other party from such damages or liability caused by the party at fault. Neither party will be
<br /> liable to the other for special, incidental , consequential or punitive losses or damages, including but not limited to damages
<br /> MOUNDSV.JH Rev. November 21, 1995
<br />
|