12-19-2019
Laserfiche
>
Public
>
Flood Diversion Board of Authority
>
Agenda
>
2019
>
12-19-2019
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/17/2019 8:51:58 AM
Creation date
12/17/2019 8:51:52 AM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
159
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Download electronic document
View images
View plain text
<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
The URL can be used to link to this page
Your browser does not support the video tag.