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<br />Fire Station Cx <br />City of Elk River <br />Page 5 of 6 <br /> <br />TERMS AND CONDITIONS <br /> <br />1. Acceptance of Proposal: The attached proposal for professional services, together with these terms and <br />Proposal <br />it. CLIENT may accept this Proposal within 45 days after the date of this Proposal by returning a fully-executed <br />Agreement CLIENT does not <br />accept this Proposal within the 45 days after the date of this Proposal, it shall expire and shall no longer be <br />binding. No changes to this Proposal will be binding on KFI unless KFI accepts them in writing. <br /> <br />2. Change Requests and Change Orders: This Agreement may not be modified except in writing. If CLIENT wishes <br />to modify the scope of work described in this Agreement, CLIENT must submit a written work scope change <br />request. KFI will respond promptly by stating in writing what effect, if any, the request will have on the price <br />Professional Services <br />If KFI and CLIENT agree on a work scope change request and any adjustment to the price or delivery date, CLIENT <br />and KFI will sign a change request modifying this Agreement. <br /> <br />3. Delays <br />Project delayed for more than 120 days for any <br />Agreement and the Project by delivering a written termination notice to CLIENT, in which case CLIENT will pay <br />KFI for all fees and charges incurred, and all Professional Services completed, through the date of the <br />termination, and neither party shall have any further rights or obligations under or in connection with this <br />Agreement or the Project. <br /> <br />4. Delivery: KFI will make every commercially reasonable effort to complete the Professional Services by the date <br />or dates stated in this Agreement, but KFI SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, <br />INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF ANY DELAY IN DELIVERY OF THE PROFESSIONAL <br />SERVICES. <br /> <br />5. Limit of Liability <br /> <br /> <br />6. Cancellation: CLIENT may cancel this Agreement by delivering a written cancellation notice to KFI before the <br />for the time and materials that KFI expended through the date of cancellation. All designs, drawings and <br />specifications shall remain the property of KFI. <br /> <br />7. : All plans, specifications, and other documents <br /> KFI retains all ownership and <br />property rights in them regardless whether the Project is completed. CLIENT may retain copies for reference in <br />connection with the use and occupancy of the Project, but KFI does not represent that the documents are <br />suitable for reuse on extension of the Project or on other projects. CLIENT and others shall not use the <br />KFI may withhold in its sole discretion. CLIENT will defend and indemnify KFI from all claims or losses arising out <br />of the unauthorized use of the documents. <br /> <br />8. Insurance <br />comprehensive general insurance and will provide CLIENT with a certificate of insurance upon request. <br />Scope and Fee KFI #P22-0559 <br /> <br />