08-24-2020 Council Packet - Laserfiche WebLink

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Page 6 of 7 Client Name 20.1 VANDALISM AND ACTS OF GOD – SEHD|B understands that vandalism and/or acts of God (unexpected natural events) may occur on the Project. Corrective actions to correct the vandalism and/or act of Gods will be installed and coated by SEH D|B Contractor. Review by SEH D|B includes a pre-installation meeting, oversight of installation and post-installation meeting. SEH D|B shall be compensated in accordance with its then current hourly rates and terms of this Agreement for such work as an additional service. Failure of Owner to follow 20.1 will void the Warranty provided in Section 20. 21. MISCELLANEOUS 21.1 This Agreement states the integrated and complete Agreement between Owner and SEH D|B on this subject and replaces any previous understandings, representations or communications, whether oral or written. 21.2 A party’s failure to exercise a right in one or many instances does not waive that right as to any later instance. The course of conduct does not affect a modification or a waiver unless ratified in writing by the party to be bound. 21.3 In the event of any litigation between the parties related to this Agreement or its breach, each party will be responsible for its own attorney's fees together with expert's fees and other costs. 21.4 The section headings of this Agreement are included for purposes of convenience only and will not affect the construction or interpretation of any provision. 21.5 All provisions of this Agreement allocating responsibility between the Owner and SEH D|B will survive the completion of the Work or termination of this Agreement. 21.6 Any provision or part of this Agreement adjudicated to be void or unenforceable under any law will be deemed deleted, such deletion to apply only with respect to the jurisdiction in which such adjudication is made, and all remaining provisions will continue to be valid and binding upon the parties. The parties agree that this Agreement will be reformed to replace the deleted provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the deleted provision. 21.7 In the hiring of employees or subcontractors to perform work under this Agreement, SEH D|B shall not discriminate against any person by reason of any characteristic protected by state or federal law. 21.8 All notices and other communications under this Agreement must be in writing and must be addressed as follows: Notice to Owner: City of Orono, Minnesota Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 Notice to SEH D|B SEH Design|Build, Inc. Attn: Steve Peterson, SEH D|B President 3535 Vadnais Center Drive St. Paul, MN 55110