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such determittation, instruction, or clarification, which written protest shall state clearly
<br />and in detail the basis of the protest. The City Manager'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 aaccordanee with determinations,
<br />instructions, and clarifications of the City's representative. The Consultant's failure to
<br />protest the City's Representative's detenninations, 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 />2$.3 It is specifically agreed that any and all claims by a patty 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 28,1 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 stibstantiate such
<br />olaima. The Consultant shall certify that all such information, costs and data are accurate,
<br />complete, and true, to the best of its knowledge, It is agreed that under no circtimtistances
<br />shall the Consultant be compensated or reimbutud for 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 performed with that degree ol`slcill
<br />and judgment which is normally exercised by t-ecogniv4d professional architectund firms
<br />performing services of a similar nature, and that the services shall be performed and shall
<br />cUnrunn to gcneially aucetrtCd AiViiitectural fins" standards and practices Consultant will
<br />re -perform any services not meeting this standard without additional compensation and
<br />shall pay all costs and expenses associated lvith 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 oflicers, and City agents
<br />and employees (collectively "City Indemnified Party") from and against any and all suits,
<br />actions, legat proceedings, claims, demands, damages, costs, expenses and attorneys' fees
<br />incident to any infringement of any 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 />legal proceedings by attorneys. selected by City Indemnified Party at Consultant's expense.
<br />In case the C;onshuction 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 Representatives IniGals:5111 Authorized Consultant Represenlative's Initials!.—P4
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