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<br />Page 21 of 25 <br />Consultant agrees to not provide any appraisal services for landowners related to the <br />Project. This prohibition on performing appraisal services to landowners related to the <br />Project survives termination of this Agreement. <br /> <br />E. Consultant understands a breach under this Section may result in irreparable damage <br />for which no adequate remedy may be available. Accordingly, injunctive relief and <br />other equitable relief are remedies available to the Owner. <br /> <br />F. To the extent Consultant believes it is providing its Confidential Information to <br />Owner, Consultant will clearly designate and mark such information as Confidential. <br /> <br />43. ENTIRE AGREEMENT; MODIFICATION. This Agreement, including its attachments <br />and schedules, constitutes the entire Agreement, supersedes all prior written or oral <br />understandings, and may only be changed by a written amendment approved by the <br />Owner and executed by Consultant and the Chair of the Owner on behalf of the Owner. <br />The following attachment is hereby made a part of this Agreement: (1) Exhibit A – <br />General Scope of Services. This Agreement may be modified as to terms and conditions <br />from time to time upon the mutual consent of the parties; however, such modification <br />shall be reduced to writing, signed by the parties and the document appended to and made <br />a part of this Agreement. <br /> <br />44. FORCE MAJEURE. Consultant is not responsible for damages or delay in performance <br />caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of <br />Consultant. In any such event, Consultant’s contract price and schedule shall be equitably <br />adjusted. <br /> <br />45. WAIVER. A party’s waiver of enforcement of any of this Agreement’s terms or <br />conditions will be effective only if it is in writing. A party’s specific waiver will not <br />constitute a waiver by that party of any earlier, concurrent, or later breach or default. The <br />Owner waives all claims against Consultant, including those for latent defects, which are <br />not brought within six (6) years of substantial completion of the facility designed or final <br />payment to Consultant, whichever is earlier. <br /> <br />46. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of <br />the Owner, its successors and assigns, and any such successor shall be deemed <br />substituted for the Owner under the terms of this Agreement. This Agreement shall <br />likewise be binding upon Consultant, its successors and assigns. As used in this <br />Agreement, the term “successor” shall include any person, firm, corporation or other <br />business entity which at any time whether by merger, purchase or otherwise acquires all <br />or substantially all of the assets or business of the corporation. <br /> <br />47. NEGOTIATED AGREEMENT. This Agreement has been arrived at through negotiation <br />between the parties. <br /> <br />48. INTEGRATED SERVICES. Notwithstanding anything in the Agreement to the contrary, <br />the parties recognize and support the integrated nature of the Project team in the <br />performance and delivery of professional services by Consultant. This Agreement, and