Res 2007-130 - Laserfiche WebLink

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I I I as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. The City may suspend, delay or interrupt the services of the Engineer under this Agreement for the convenience of the City. In such event, Engineer's fee and schedule will be equitably adjusted. 10.14 In the event of a default or breach of this Agreement by the Consultant, the City reserves the right to choose among the remedies for the default or breach available to the City. These 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 The City and the Engineer will use their best efforts to resolve disputes amicably. 10.16 To the maximum extent permitted by law, Engineer and Engineer's affiliated corporations, officers, employees, and subcontractors will not be liable for City's special, indirect or consequential damages, whether such damages arise out of a breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action. In order to protect the Engineer against indirect liability or third-party proceedings, the City indemnify the Engineer for any such damages. ARTICLE 11 SUCCESSORS AND ASSIGNS 11.1 The City and the Consultant, 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 Consultant. 12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. Davis Lane Wastewater Improvements Project - CH2M Hill 23