Res 2006-048 - Laserfiche WebLink

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I I I remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Engineer will not waive the City's ability to enforce the Agreement after that time. 10.15 Notwithstanding any clauses of this Agreement to the contrary, and in addition to any other clause that may be included in this Agreement, the parties to this Agreement acknowledge that, with or without the river modifications, which design services are the subject of this Agreement, the existence of a boatable river segment presents an inherent risk of injury or death or property damage to users or other members of the public, who through their use of these river modifications are assuming the inherent risks associated with all types of activities which can occur on rivers. As a participant in the efforts leading to and concurrent with the modification of the river, the Engineer and its subconsultants are agreeing to perform services which may result in liabilities and risk that are outside the control of the Consultant and subconsultants. Therefore, the City agrees, as a material condition of this Agreement to limit Engineer's indemnity obligation in Section 9.1 of this Agreement to the limits of the Engineer's liability insurance. ARTICLE 11 SUCCESSORS AND ASSIGNS 11.1 The City and the Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this Agreement without the prior written consent of the other. ARTICLE 12 EXTENT OF AGREEMENT 12.1 This Agreement, including appendices and referenced attachments represents the entire and integrated Agreement between the City and the Engineer and supersedes all prior proposals, negotiations, representations or agreements either written or oral between the parties. The Engineer's expenses for travel, office, production and other expenses associated directly or indirectly with this Agreement are included as part of the total fee. Except as to a change in the scope of services, the compensation for which does not exceed $25,000, this Agreement may be amended only by separate written instrument approved by the City's governing body and signed by both the City and Engineer. 12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. 12.3 In the event of any conflict between the Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will govern and control. Ha!lf Prof Services 14