12-19-2019
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12-19-2019
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<br />Page 12 of 25 <br />Agreement without thirty (30) days’ notice to the Owner. The certificates of <br />insurance issued to confirm Consultant’s compliance must reference this Agreement. <br /> <br />G. If required insurance lapses during the term of this Agreement, the Owner is not <br />required to process invoices after such lapse until Consultant provides evidence of <br />reinstatement that is effective as of the lapse date. <br /> <br />H. The Owner shall have no specific responsibility to provide any general liability <br />coverage or workers’ compensation coverage for the benefit of Consultant’s <br />employees during the terms of this Agreement. <br /> <br />21. OPEN RECORDS. Consultant will cooperate with the Owner in responding to any <br />request for documents by any third party to the extent such documents may be required to <br />be disclosed under Chapter 44-04 of North Dakota Century Code regarding open records <br />laws. If such request pertains to Consultant records, Owner shall immediately provide <br />notice of the same to Consultant. If Consultant objects to the release of any such records <br />because Consultant is of the opinion such records are exempt from disclosure under <br />North Dakota law, Owner shall not disclose the same. All costs and expenses contesting <br />such disclosure shall be borne by the Consultant, including but not limited to attorney <br />fees and costs later assessed for nondisclosure. <br /> <br />22. DATA FURNISHED BY THE OWNER. The Owner will provide to Consultant all data <br />in the Owner’s possession relating to Consultant’s services on the Project. Consultant <br />may reasonably rely upon the accuracy of the information provided by the Owner. <br /> <br />23. ACCESS TO FACILITIES AND PROPERTY. The Owner will make its facilities <br />accessible to Consultant as required for Consultant’s performance of its services and will <br />provide labor and safety equipment as required by Consultant for such access. The Owner <br />will perform, at no cost to Consultant, such tests of equipment, machinery, pipelines, and <br />other components of the Owner’s facilities as may be required in connection with <br />Consultant’s services. <br /> <br />24. TIMELY REVIEW. The Owner will examine Consultant’s studies, reports, sketches, <br />drawings, specifications, proposals, and other documents; obtain advice of an attorney, <br />insurance counselor, accountant, auditor, bond and financial advisors, and other <br />consultants as the Owner deems appropriate; and render in writing decisions required by <br />the Owner in a timely manner. <br /> <br />25. PROMPT NOTICE. The Owner will give prompt written notice to Consultant whenever <br />the Owner observes or becomes aware of any development that affects the scope or <br />timing of Consultant’s services, or of any suspected or actual defect in the work of <br />Consultant or their third party designers or subcontractors. <br /> <br />26. OWNER’S INSURANCE. <br /> <br />A. The Owner is not responsible for the payment of deductibles owed under Consultant’s <br />insurance policies.
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