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<br />9SF- c:<o <br /> <br />4.2 This Agreement may be terminated by eftf1er party upon not less than seven days' <br />wrftten notice should the other party fall substantially to perform .In accordance with the <br />terms of this Agreement through no fault of the party Inftlatlng th~. termination. <br /> <br />4.3 Nothing contained In this Agreement shall create a contractual relationship with or a <br />cause of action In favor of a third party against efther the Owner or ConsuRant. <br /> <br />4.4 Unless otherwise provided In this Agreement, the Consultant shall have no responsibility <br />for the discovery, presence, handling, removal, or disposal of or exposure of persons to <br />hazardous materials In any. form at the Project sfte, Including but not IImfted to asbestos <br />products, polychlorinated biphenyl (PCB) or other toxic substances. <br /> <br />4.5 In recognftlon of the relative risks and benefits of the projects to both the Client and the <br />Design Professional, the risks have been allocated such that the Client agrees, to the <br />fullest extent permftted by law, to IImft the liability of the Design Professional and his or <br />her subconsuRants to the Cnent and to all construction contractors and subcontractors <br />on the project for any and all claims, losses, costs, damages of any nature whatsoever <br />or claims expenses from any cause or causes, so that the total aggregate lIabOIty of the <br />Design Professional and his or her subconsuftants to all those named shall not exceed <br />the Design Professional's total fee for services rendered on this project. Such claims and <br />causes Include, but are not IImfted to negligence, professional errors or omissions, strict <br />liability, breach of contract or warranty. <br /> <br />4.6 Inasmuch as the renovation InvoMng an existing building requires that certain <br />assumptions be made regarding existing condftlons, and because some of these <br />assumptions may not be vermable without expending addftlonal sums of money, or <br />destroying otherwise adequate or serviceable portions of the building, the Owner will <br />hold harmless, Indemnify and defend the Design Professional from and against any and <br />all claims regarding undiscovered condftlons In areas of renovation arising out of the <br />professionals services provided under this Agreement <br /> <br />4.7 Any applicable sales tax on services shan be paid by the Owner/Client above all stated <br />fees outlined In this agreement. <br /> <br />6.0 DURAll0N OF CONTRACT <br /> <br />5.1 This contract shall be valid only If design has started prior to 6 months from the date of <br />this contract and completed no longer than 24 months from the date of the contract. <br /> <br />8.0 CONVEYANCE OF INFORMAll0N <br /> <br />6.1 Information provided by Owner to consultant to be used as backgrounds for <br />development of consultant's drawings shall be provided In hard copy (blue line or black <br />line) formats. <br /> <br />Wrhten proposal from AMne and Associates, Inc. <br /> <br />to: <br /> <br />Joel Dalton <br /> <br />Signed <br /> <br /> <br />TItle <br /> <br />Associate <br /> <br />NAME: ~:1vL cd~>~u;~~, ~<i.. <br />--:1k./P . t7 <br />l1TLE: &.ct:~&?&hdi ~ +-e--e-~ <br /> <br />DATE: (k~..2;7 /5?t9.:,- <br />t/ ' <br /> <br />. a8~ <br />Mot1on mad7 ~y Quandt, sec~nded bY.Rosenkotter tof~ Fant Broadcasting <br />Co. a cond1t1onal use perm1t for f1ve years with Hall County to be named <br />as insured. Abernethy, Hartman, Quandt and Rosenkotter voted yes~~ <br />Landis, Leslie and Stelk voted no. Motion carried. .{." p..tn. S <br />~!t.,1il 0 5e <br />Motion made by Stelk, seconded by Quandt to deny the claimAfor John <br />A Wagoner in the amount of $120. Abernethy, Hartman, Landis, Leslie, <br />Quandt, Rosenkotter and Stelk voted yes, none voted no. <br /> <br />ACCEPTED: <br />