|
<br />Consulting Services Agreement between City of San Leandro and 7/19/2023
<br />Michael Baker International for Consulting Services Page 14 of 15
<br />10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which
<br />shall be an original and all of which together shall constitute one agreement.
<br />
<br />10.14 Certification per Iran Contracting Act of 2010. In the event that this contract is for
<br />one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
<br />certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
<br />Consultant are not identified on a list created pursuant to subdivision (b) of Secti on 2203 of
<br />the California Public Contract Code as a person engaging in investment activities in Iran as
<br />described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
<br />of Section 2202.5 of the California Public Contract Code, as applicable.
<br />
<br />10.15 Force Majeure. Consultant shall not be liable for any failure to perform or any impairment
<br />to its performance to the extent such failure or impairment is caused by (i) any act of God,
<br />fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state
<br />emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, or act of
<br />government; (ii) any action or inaction of City or a third -party engaged by City; and/or (iii)
<br />any other event, occurrence, or circumstance beyond the reasonable control of Consultant
<br />(each, a "Force Majeure Event"). The compensation due Con sultant for performing the
<br />services and the time within which Consultant is to complete the services shall be
<br />equitably increased and extended, respectively, to address any change in the work, delay,
<br />disruption, acceleration, or other impact to the work caused by any Force Majeure Event.
<br />
<br />10.16 Limitation of Liability. To the fullest extent permitted by law, the City agrees to limit
<br />Consultant's liability to the City and to all other contractors or subcontractors on the project
<br />for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or
<br />in any way related to this Agreement or Consultant’s services from any cause or causes,
<br />including, but not limited to, Consultant's negligent acts, errors, omissions, strict liability,
<br />breach of contract, or breach of warranty, such that the total aggregate of liability of
<br />Consultant to all those named shall not exceed the net sum actually paid to Consultant for
<br />the services rendered under this Agreement.
<br />
<br />10.17 Waiver of Consequential Damages. In no event shall either Consultant or the City have
<br />any claim or right against the other, whether in contract, warranty, tort (including
<br />negligence), strict liability or otherwise, for an y special, indirect, incidental, or
<br />consequential damages or any kind or nature whatsoever, including but not limited to loss
<br />of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of
<br />equipment or loss of data, work interruption, increased cost of work or cost of any
<br />financing, howsoever caused, even if same were reasonably foreseeable.
<br />
<br />
<br />SIGNATURES ON FOLLOWING PAGE
<br />
<br />DocuSign Envelope ID: 45002B0A-718B-462A-BBC5-98028890B8BB
|