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r <br /> 3 <br /> 1 <br /> buildings, underground utilities, piping, or facilities, all <br /> liability for direct, sudden consequential and non-sudden damages <br /> associated with clean-up, repairs, and ongoing consequential <br /> liability which is not covered by the insurance provided by <br /> Consultant, its subcontractors or consultants pursuant to section <br /> eight will be borne by the Client, excepting only such liability <br /> as may arise out of the negligence or intentional misconduct of <br /> Consultant, its agents, employees, contractors or consultants. <br /> 16 . Resolution of Disputes. Upon the mutual consent of the <br /> Client and Consultant, any controversy, claim or dispute <br /> concerning payment due Consultant hereunder shall be settled by <br /> arbitration in accordance with the commercial arbitration rules <br /> of the American Arbitration Association, and judgment upon the <br /> award rendered by the arbitrator may be entered in any court <br /> having jurisdiction thereof. Any controversy, claim or dispute <br /> shall be construed and enforced in accordance with the laws of <br /> the State of California. In any legal or arbitration proceedings <br /> brought by either party to enforce or interpret any of the terms <br /> or conditions of this Agreement, including the collection of any <br /> payments due hereunder, the prevailing party shall be entitled to <br /> reasonable attorneys' fees in addition to costs of suit. <br /> 17 . Miscellaneous. <br /> A. No supplement, modification or amendment to this <br /> Agreement shall be binding unless executed in writing by both <br /> parties. <br /> B. No waiver of any of the provisions of this <br /> Agreement shall be deemed, or shall constitute, a waiver of any <br /> other provision, whether or not similar, nor shall any waiver <br /> constitute a continuing waiver. No waiver shall be binding <br /> unless executed in writing by the party making the waiver. <br /> C. Any delay or default in the performance of any <br /> obligation of Consultant under this Agreement resulting from any <br /> cause(s) beyond Consultant's reasonable control shall not be <br /> deemed a breach of this Agreement. The occurrence of any such <br /> event shall suspend the obligations of Consultant as long as <br /> performance is delayed or prevented thereby, and the fees due <br /> hereunder shall be equitably adjusted. <br /> D. This Agreement shall be binding upon and shall <br /> inure to the benefit of the parties and their respective <br /> successors and assigns. Consultant shall not be entitled to <br /> assign any of its rights or obligations hereunder without the <br /> prior written consent of Client. <br /> E. Any written notice, report, or other communication <br /> required or permitted to be given under this Agreement shall be <br /> deemed sufficiently given when delivered personally or upon <br /> deposit in the United States mail, first-class postage prepaid, <br /> or when sent by established courier, addressed as follows: <br /> F:\TRN\18437\D\RUIZ1.LSG <br /> 7 <br /> 76159-18437/LSG/08/18/93/1 <br />