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<br />Page 16 of 25 <br />must notify the Owner of any further services, prior to withdrawal or substitution, <br />which Consultant believes are necessary to avoid prejudice to the Owner’s interests <br />(or the interest of any person represented on the Owner’s behalf) and obtain the <br />Owner’s consent prior to performing such services. <br /> <br />32. ADDITIONAL PAYMENT. Nothing contained in this Agreement shall obligate the <br />Owner to make any payment for services rendered in any period after the termination of <br />Consultant’s retention by the Owner. <br /> <br />33. SUSPENSION, DELAY, OR INTERRUPTION OF WORK. The Owner may suspend, <br />delay, or interrupt the Services of Consultant for the convenience of the Owner. In such <br />event, Consultant’s contract price and schedule shall be equitably adjusted. <br /> <br />34. NOTICE. Any notice or election required or permitted to be given or served by any party <br />to this Agreement upon any other will be deemed given or served in accordance with the <br />provisions of this Agreement if said notice or election is (1) delivered personally, or (2) <br />mailed by United States certified mail, return receipt requested, postage prepaid and in <br />any case properly addressed as follows: <br /> <br />If to Consultant: Program Advisor Services, LLC <br /> Attn: Martin T. Nicholson <br /> 630 1st Avenue North, #507 <br /> Fargo, ND 58102 <br /> <br />If to Owner: Attn: Secretary <br /> Metro Flood Diversion Authority <br /> PO Box 2806 <br /> Fargo, ND 58108-2806 <br /> <br />Each such mailed notice or communication will be deemed to have been given on the <br />date that is three (3) days after the same is deposited in the United States mail. Each such <br />delivered notice or communication will be deemed to have been given upon the delivery. <br />Any party may change its address for service of notice in the manner specified in this <br />Agreement. <br /> <br />35. PROHIBITION AGAINST ASSIGNMENT. This is a bilateral personal services <br />Agreement. Neither party shall have the power to or will assign any of the duties or rights <br />or any claim arising out of or related to this Agreement, whether arising in tort, contract, <br />or otherwise, without the written consent of the other party. Any unauthorized assignment <br />is void and unenforceable. <br /> <br />36. NO THIRD PARTY BENEFICIARIES. This Agreement gives no rights or benefits to <br />anyone other than the Owner and Consultant and has no third-party beneficiaries. <br /> <br />37. CONSEQUENTIAL DAMAGES. Consultant and Consultant’s affiliated corporations <br />and subcontractors shall not be liable for the Owner’s special, indirect, or consequential