Reso 2016-2619 - Laserfiche WebLink

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If the services under this Agreement continue for a period of more than one(1) year from the notice to proceed, CONSULTANT shall be entitled to renegotiate an increase in its fee relative to this Agreement. CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANT'S initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E. Termination: In event of a material failure by the other party to perform in accordance with the terms of this Agreement, this Agreement may be terminated by providing the breaching party written notice which shall clearly set forth the material breach and provide five (5) business days to cure. For the purpose of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60)days of the date of said invoice shall be considered a material breach on behalf of CLIENT. In the event of any termination, CONSULTANT shall be paid for all services rendered to the date of termination including all reimbursable expenses. CLIENT may terminate this Agreement for convenience upon five (5) business day notice to CONSULTANT, payment for all services rendered to the date of termination and Fifteen(15) percent of CONSULTANT's remaining fee. F. Liability: - CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of insurance upon request. CONSULTANT agrees to hold CLIENT harmless from loss,damage,injury or liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents, subcontractors and their employees and agents, but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage, CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained at CLIENT'S expense. CLIENT agrees CONSULTANT'S aggregate liability to CLIENT and all construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or arising from CONSULTANT'S services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT'S total fees under this Agreement or $50,000.00 whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity employed directly or indirectly by CLIENT in the project for damages of any kind from services rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 s i s September 21.2016-Paae 6