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such determination, instruction, or clarification, which written protest shall state clearly
<br />and in detail the basis of the protest, The City Mannger's decision shall be final_
<br />28.2 The City Manager will issue a decision upon such protest, At all times during the protest
<br />period, the Consultant shall proceed with the work in accordance with determinations,
<br />instructions, and clarifications of the City's representative. The Consultant's failure to
<br />protest the City's Representative's determinations, instructions, clarifications, or the City
<br />Manager's decision within fourteen (14) calendar days after receipt thereof shall constitute
<br />a ~waiver by the Consultant of all its rights to further protest, judicial or otherwise,
<br />283 It is specifically agreed that any and all claims by a party against another party arising out
<br />of this Agreement or the performance of the work thereunder or relating thereto, or
<br />otherwise (including but not limited to claims For extra work) except as specifically set
<br />forth in Subsections 283 and 28.2 above, shall be waived unless presented in writing to
<br />the other party within the time limit specified in this Agreement but in no event in excess
<br />of thirty (30) calendar days after occurrence of the event or circumstances giving rise to
<br />such claim,
<br />28,4 The Consultant shall also submit such information, costs and data in such detail and
<br />specificity as may be reasonably required by the City to justify and substantiate such
<br />claims, The Consultant shall certify that all such information, costs and data are accurate,
<br />complete, and true, to the best of its knowledge, ft is agreed that under no circumstances
<br />shall the Consultant be compensated or reimbursed 11or expenses incurred in claim
<br />preparation, presentation, or prosecution unless directed in writing by the City.
<br />SECTION 29 CONSULTANT'S STANDARD OF CARE
<br />29.1 Consultant represents that Consultant's Services shall be perforinod with that degree o1`skill
<br />and judgment which is normally exercised by recogniz4d. professional architectural firms
<br />performing services of a similar nature, and that the services shall be performed and shall
<br />cnnlunn lu gcijertally a�:ccpEed ar;lutectLual firms' strr�tdards and Fractice5 Consultant will
<br />re -perform any services not meeting this standard without additional compensation and
<br />shall pap all costs and expenses associated with correcting said services or work including
<br />any additional testing, inspections, corrections, or construction_
<br />SECTION 30 PATENT INDEMNITY
<br />30.1 Subject to the limitations set forth in this Agreement, the Consultant shall indemnify, save
<br />harmless and defend the City and the City Commissioners, City officers, and City agents
<br />and employees (collectively "City Indemnified Party") from and against any and all suits,
<br />actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees
<br />incident to any infringement of arty patent or patents related in any manner to the subject
<br />matter of the Agreement documents prepared by the Consultant; provided, however, that
<br />any City Indemnified Party may, at its option, be represented in any such suits, actions or
<br />lagal pror.cedings by attrrrneys selected by City Indemnified Party at Consultant's expense.
<br />In case the Construction Documents or any part thereof is held in such suit to constitute
<br />infringement of any patent or patents and its use enjoined, the Consultant shall, at its own
<br />Authorized City Rapresentalive's Initials: Authorized Consultant ROpresenlatlua's Initials.._
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