R95-14 AUTHORIZING AGREEMENT - Laserfiche WebLink

Home Browse Search

If the Owner fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the Consultant shall be entitled to equitable adjustment of rates and amounts of compensations to reflect reasonable actual�osts incurred by Consultant as a result of the delay or changes in the various elements that comprise such rates of compensation. 2. Change in Sco�e: The scope of the work described in Artide II,Scope of Services,shall be subject to modification or supplement only upon the written agreement of the Owner and the Consultant. At the time of such modification of scope, equitable adjustments, agreeable to both parties, shall be made only in writing, in the time of performance and the compensation to be paid for the services. 3. Insurance: The Consultant shall procure and maintain insurance for protection from claims under workers'compensation acts,claims for damages because of bodily injury including personal injury,sickness or disease or death of any and all employees and from claims or damages because of injury to or destruction oE property including loss of use resulting therefrom. The Consultant shall procure and maintain general liability insurance with limits of$1,000,000.00 per occurrence and shall list the Owner as an additional insured on the Consultant's general liability insurance policy. The Consultant shall defend, indemnify and hold harmless the Owner for any claim of copyright infringement relative to the Consultant's performance on the Project. 4. Termination: This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party; provided, however, that in any such case, the Consultant shall be paid the reasonable value of the services rendered up to the time of termulation on the basis oE the payment provisions of this Agreement. Copies of all completed or partially completed materials prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated,but it is mutually agreed by the parties that the Owner will use them solely in connection with this Project, except with the written consent of the Consultant. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to the Consultant. Upon restart, an equitable adjushnent shall be made to Consultant's compensation. 5. Controlling Law: This Agreement is to be governed by the laws of the State of Illinois. 6. Allocation of Risks-Indemnification: The Consultant shall indemnify and hold harmless the Owner and its officers and employees from and against any and all claims,costs,losses and damages(including,but not limited to all fees and charges of engineers,architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of the Consultant or the Consultant's officers, directors, partners, employees, agents and subconsultants in the performance and furnishing of Consultant's services under this 4