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• �HANSON
<br /> General Conditions
<br /> Hanson Agreement: C08L0198A Agreement Date: January 18,2010
<br /> ProjeCt Name: Lake Decatur Dam Hydraulic Study
<br /> 1. Invoices: Charges for services will be billed at least 4. Standard of Care: Services performed by HANSON
<br /> as frequently as monthly, and at the completion of the under this Agreement will be conducted in a manner
<br /> Project. CLIENT shall compensate HANSON for any consistent with that level of care and skill ordinarily
<br /> sales or value added taxes which apply to the services exercised by members of the profession currently
<br /> rendered under this agreement or any addendum thereto. practicing under similar conditions. No other
<br /> CLIENT shall reimburse HANSON for the amount of representation expressed or implied, and no warranty or
<br /> such taxes in addition to the compensation due for guarantee is included or intended in this Agreement, or in
<br /> services. Payment of invoices shall not be subject to any any report,opinion,document or otherwise.
<br /> discounts or set-offs by the CLIENT unless agreed to in
<br /> writing by HANSON. Invoices are delinquent if payment 5. General Liability Insurance and Limitation:
<br /> has not been received within 30 days from date of HANSON is covered by general liabiliry insurance for
<br /> invoice. There will be an additional charge of 1 ll2 bodily injury and property damage arising directly from
<br /> percent per month compounded on amounts outstanding its negligent acts or omissions, with limits which
<br /> more than 30 days. All time spent and expenses incurred HANSON considers reasonable. Certificates of insurance
<br /> (including attorney's fees) in connection with collection of shall be provided to CLIENT upon request in writing.
<br /> any delinquent, amount will be paid by CLIENT to Within the limits and conditions of such insurance,
<br /> HANSON per HANSON's current fee schedules. HANSON agrees to indemnify and save CLIENT
<br /> harmless from any loss, damage or liability arising
<br /> 2. Termination: This Agreement may be terminated by directly from any negligent act or omission by HANSON.
<br /> either party upon written notice. Any termination shall HANSON shall not be responsible for any loss, damage
<br /> only be for good cause such as legal, unavailability of or liability beyond the amounts, limits and conditions of
<br /> adequate financing or major changes in the scope of such insurance. HANSON shall not be responsible for
<br /> services. In the event of any termination, HANSON will any loss, damage or liability arising from any act or
<br /> be paid for all services and expenses rendered to the date omission by CLIENT, its agents, staff, other consultants,
<br /> of termination on a basis of payroll cost times a multiplier independent contractors, third parties or others working
<br /> of 3.0 (if not previously provided for) plus reimbursable on the Project over which HANSON has no supervision
<br /> expenses, plus reasonable termination expenses, including or control.
<br /> the cost of completing analyses, records, and reports
<br /> necessary to document job status at the time of 6. Suspension of Services: If CLIENT fails to make
<br /> termination. payments when due or otherwise is in breach of this
<br /> Agreement, HANSON may suspend performance of
<br /> 3. Reuse of Documents: All documents including services upon five (5) calendar days' notice to CLIENT.
<br /> reports, drawings, specifications, and electronic media HANSON shall have no liability whatsoever to CLIENT,
<br /> furnished by HANSON pursuant to this Agreement are and CLIENT agrees to make no claim for any delay or
<br /> instruments of its services. They are not intended or damage as a result of such suspension.
<br /> represented to be suitable for reuse by CLIENT or others
<br /> on extensions of this project,or on any other project. Any 7. Consequential Damages: Notwithstanding any other
<br /> reuse without specific written verification or adaptation provision of this Agreement, and to the fullest extent
<br /> by HANSON will be at CLIENT's sole risk, and without permitted by law, neither CLIENT nor HANSON, their
<br /> liability to HANSON, and CLIENT shall indemnify and respective officers, directors, partners, employees,
<br /> hold harmless HANSON from all claims, damages, losses contractors or subconsultants shall be liable to the other or
<br /> and expenses including court costs and attorney's fees shall make any claim for incidental, indirect, or
<br /> arising out of or resulting there from. Any such consequential damages arising out of or connected in any
<br /> verification or adaptation will entitle HANSON to further way to this Project or this Agreement. This mutual waiver
<br /> compensation at rates to be agreed upon by CLIENT and of consequential damages shall include, but not be limited
<br /> HANSON. to, loss of use, loss of profit, loss of business, loss of
<br /> General Conditions(C/5)Rev.2 �
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