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<br />AIA Document B102™ – 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered
<br />trademarks and may not be used without permission. This document was produced by AIA software at 12:21:31 ET on 12/22/2021 under Order No.4633161157
<br />which expires on 06/13/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of
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<br />User Notes: (1765238861)
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<br />for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure
<br />and use of such information as set forth in this Section 7.9.
<br />§ 7.10 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining
<br />provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or
<br />unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and
<br />enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the
<br />parties’ intentions and purposes in executing the Agreement.
<br />ARTICLE 8 SPECIAL TERMS AND CONDITIONS
<br />Special terms and conditions that modify this Agreement are as follows:
<br />(Include other terms and conditions applicable to this Agreement.)
<br />
<br />§ 8.1 DISPUTE RESOLUTION
<br />§ 8.1.1 Any claims, disputes, or other matters in question between the parties to this Agreement, arising of or relating
<br />to this Agreement, shall first be resolved between the parties. If any claims, disputes or other matters cannot be
<br />resolved between the parties, the parties shall attempt resolution through a certified mediator, as recognized by the
<br />Minnesota State Bar Association.
<br />§ 8.2 LIMITATION OF LIABILITY:
<br />§ 8.2.1 To the fullest extent permitted by law, the total liability, in the aggregate, of Architect and Architect’s officers,
<br />directors, employees, agents, and consultant to Owner and anyone claiming by, through or under Owner, for any and
<br />all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Architect’s
<br />services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence,
<br />strict liability, breach of contract or breach or warranty shall not exceed the total compensation received by Architect
<br />under this Agreement.
<br />ARTICLE 9 SCOPE OF THE AGREEMENT
<br />§ 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
<br />supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
<br />amended only by written instrument signed by both the Owner and Architect.
<br />§ 9.2 This Agreement is comprised of the following documents identified below:
<br />.1 AIA Document B102™–2017, Standard Form Agreement Between Owner and Architect
<br />.2 AIA Document
<br />(Paragraphs deleted)
<br />B203™–2017, Standard Form of Architect’s Services: Site Evaluation and Project Feasibility.
<br />.3 Exhibits:
<br />(Check the appropriate box for any exhibits incorporated into this Agreement.)
<br />[ ]
<br />(Paragraphs deleted)
<br />Other Exhibits incorporated into this Agreement:
<br />(Clearly identify any other exhibits incorporated into this Agreement.)
<br />[ X ]Exhibit ’A’ – Klein McCarthy Architects RFP Response dated December 6, 2021
<br />[ X ]Exhibit ’B’ – Hourly Rates(for approved additional services)
<br />[ X ]Exhibit ’C’ – County RFP Data – Cass County Jail – Additional Housing Needs: The Case for
<br />Allocating Federal COVID Funds.
<br />
<br />.4 Other documents:
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