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Res 1996-012
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Res 1996-012
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6/13/2007 12:44:40 PM
Creation date
6/13/2007 12:44:40 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1996-12
Date
1/22/1996
Volume Book
122
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<br /> . , 3lG- <br /> or legal process, but will notify CITY of the demand for information before ENGINEER <br /> responds to such demand. <br /> 8.12 ENGINEER and CITY waive all rights against each other and their directors, <br /> officers, partners, commissioners, officials, agents, subcontractors, and employees for <br /> damages covered by property insurance during and after the completion of the Project. <br /> If the Project includes a construction phase, a similar provision will be incorporated into all <br /> construction phase contracts entered into by CITY and will protect CITY and ENGINEER <br /> to the same extent. <br /> 8.13 All Project contractors will be required to include CITY and ENGINEER as additional <br /> insureds on their General Liability insurance policies, and will be required to indemnify <br /> CITY and ENGINEER to the same extent. <br /> 8.14 ENGINE~R's opinion of probable costs and of Project schedules will be made on <br /> the basis of experience and qualifications as a professional engineer. ENGINEER does <br /> not guarantee that proposal, bids, or actual Project costs will not vary from ENGINEER's <br /> cost estimates or that actual schedules will not vary from ENGINEER's cost estimates or <br /> that actual schedules will not vary from ENGINEER's projected schedules. <br /> 8.15 To the extent permitted by law, ENGINEER's total liability to CITY for all Claims, <br /> losses, damages, and expenses resulting in any way from the performance of the <br /> Services will not exceed the total compensation receivable by ENGINEER under this <br /> Agreement. <br /> 8.16 Nothing in this Agreement will be construed to give any rights or benefits to anyone <br /> other than the CITY and ENGINEER. <br /> ARTICLE 9 <br /> SUCCESSORS AND ASSIGNS <br /> 9.1 The CITY and the ENGINEER, respectively, bind themselves, their partners, <br /> successors, assigns and legal representatives to the other party to this Agreement and to <br /> the partners, successors, assigns and legal representatives of such other party with <br /> respect to all covenants of this Agreement. Neither the CITY nor the ENGINEER will <br /> assign, sublet or transfer any interest in this Agreement without the written consent of the <br /> other. <br /> ARTICLE 10 <br /> EXTENT OF AGREEMENT <br /> 10.1 This Agreement represents the entire and integrated Agreement between the CITY <br /> and the ENGINEER and supersedes all prior negotiations, representations or agreements <br /> either written or oral. Exc~pt as to additional services, the compensation for which does <br />
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