RES 87045 - Laserfiche WebLink

K. That, the qualifications of the CONSULTANT'S project onsite staff is subject to review and approval by the CLIENT. L. That the CONSULTANT shall act as the CLIENT'S agent for all matters incident to management of the PROJECT dur- ing construction of the facility, but the CONSULTANT shall not direct or supervise the contractor's person- nel, operate or direct use of equipment, be responsible for construction means, methods, techniques and proce- dures, be responsible for safety precautions on the PROJECT, or in any way infringe on the duties of the contractor(s). M. That, in assuming the duties of construction manager, CONSULTANT shall not be responsible in any way for claims, loans, damages, or liabilities rising out of actions by or circumstances due to previous or other construction management personnel on the PROJECT. N. That, the onsite review and construction management personnel will make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractors, and to verify compliance with the pro- vision of the Contract Documents. These day-to-day reviews will not, however, cause the CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which in- clude, but are not limited to, the contractor's(s) responsibilities for the quality control, the tech- niques and sequences of construction, and safety pre- cautions incidental thereto, and for performing the construction work in accordance with the Contract Docu- ments. O. That, the Consultant's liability to the CLIENT for any cause or combination of causes is, in the aggregate, limited to an amount no greater than the insurance cov- erage under this AGREEMENT, as noted in ARTICLE 6. P. That, in the event of any action brought by either party against the other to enforce any of the obliga- tions hereunder or arising out of any dispute concern- ing the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses as may be set by the Court. Q. That, in the event of any legal or other controversy requiring the services of the CONSULTANT in providing testimony in connection with the PROJECT, except suits or claims by third parties against the CLIENT arising out of errors or omissions of the CONSULTANT, the SJR1/057 -10-