Reso 2021-3160 - Laserfiche WebLink

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SECTION 29 CONSULTANT'S STANDARD OF CARE 29.1 Consultant represents that Consultant's services shall be perfor n-ied with that degree of skill and judgment which is normally exercised by recognized professional engineering firms performing services of a similar nature, and that the services shall be performed and shall conform to generally accepted engineering firms' standards and practices. Consultant will re -perform any services not meeting this standard without additional compensation and shall pay all costs and expenses associated with correcting said set -vices or work including any additional testing, inspections, corrections, or construction. SECTION 30 PATENT INDEMNITY 30.1 Subject to the limitations set forth in this Agreement, the Consultant shall indemnify, save harmless and defend the City and the City Commissioners, City officers, and City agents and employees (collectively "City Indemnified Party") from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees incident to any infringement of any patent or patents related in any manner to the subject matter of the Agreement documents prepared by the Consultant; provided, however, that any City Indemnified Party may, at its option, be represented in any such suits, actions or legal proceedings by attorneys selected by City Indenuufied Party at Consultant's expense. In case the Construction Documents or any part thereof is held in such suit to constitute infringement of any patent or patents and its use enjoined, the Consultant shall, at its own expense, subject to the limitation of the Consultant liability prescribed in this Agreement, either procure for the City the right to continue using said Construction Documents or replace same with non -infringing Construction Documents. SECTION 31 FORCE MAJEURE 31.1 Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is delayed, hindered or prevented by any cause which is beyond the reasonable control of the party affected thereby (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following if reasonably beyond the control of the party claiming Force Majeure: war (declared or undeclared), fire, riot, storin, hurricane, floods, earth quake, tornado, act of terrorism or sabotage or any law, proclamation order, regulation, or ordinance of any government agency or any court, or any other cause similar to those enumerated above, which is not reasonably within the control of the party claiming Force Majeure. 31.2 The party affected by any Force Majeure shall give prompt written notice to the other party advising of the nature and extent of any Force Majeure and advising of the effects of the Force Majeure upon the completion and cost of the work hereunder. The parties shall consult promptly with each other concerning the Force Majeure and shall endeavor to agree upon mutually acceptable corrective action. In the event of a Force Majeure which prohibits performance by the Consultant for more than sixty (60) days, either party may terminate this Agreement for convenience and shall have no f rther obligation hereunder. Authorized City Representative's Initials:—` "— Authorized Consultant Representative's Initials:. 14