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<br /> will be based solely upon its own experience with such completion or termination and remain in full force and
<br /> construction,but HANSON cannot and does not guazantee effect until fulfilled.
<br /> that proposals, bids or the construction cost will not vary
<br /> from its opinions of probable costs. If the CLIENT wishes 22. Entire Agreement: This Agreement is the entire
<br /> greater assurance as to the consh-uction cost, he shall Agreement between the CLIENT and HANSON. It
<br /> employ an independent cost estimator. supersedes all prior communications, understandings and
<br /> agreements, whether written or oral. Both parties have
<br /> l7. Shop Drawing Review: CLIENT agrees that participated fully in the preparation and revision of this
<br /> HANSON's review of shop drawings, when such review is Agreement, and each party and its counsel have reviewed
<br /> included in the scope of services, shall be solely for their the final document. Any rule of contract construction
<br /> conformance with HANSON's design intent and regarding ambiguities being construed against the drafting
<br /> conformance with information given in the construction party shall not apply in the interpreting of this Agreement,
<br /> documents. HANSON shall not be responsible for any including any Section Headings or Captions. Amendments
<br /> aspects of a shop drawing submission that affect or are to this Agreement must be in writing and signed by both
<br /> affected by the means,methods, techniques, sequences and CLIENT and HANSON.
<br /> operations of construction, safety precautions and programs
<br /> incidental thereto, all of which are the Contractor's 23. Modification to the Agreement: CLIENT or
<br /> responsibility. The Contractor will be responsible for HANSON may,from time to time,request modifications or
<br /> lengths,dimensions,elevations,quantities and coordination changes in the scope of services to be performed hereunder.
<br /> of the work with other trades. CLIENT warrants that the Such changes, including any increase or decrease in the
<br /> Contractor shall be made aware of his responsibilities to amount of HANSON's compensation, to which CLIENT
<br /> review shop drawings and approve them in these respects and HANSON mutually agree shall be incorporated in this
<br /> before submitting them to HANSON. Agreement by a written amendment to the Agreement.
<br /> 18. Confidentiality: Each party shall retain as confidential, 24. Governirtg Law: This Agreement shall be governed
<br /> all information and data furnished to it by the other party by and interpreted pursuant to the laws of the State of
<br /> which are designated in writing by such other party as Illinois.
<br /> confidential at the time of transmission,and are obtained or
<br /> acquired by the receiving party in connection with this 25. Sa►nples: All samples of any type (soil, rock, water,
<br /> Agreement, and said party shall not disclose such manufactured materials, biological, etc.) will be discarded
<br /> information to any third party. sixty (60) days after submittal of project deliverables.
<br /> Upon CLIENT's authorization, samples will be either
<br /> 19. Third Party Beneficiaries: Nothing contained in this delivered in accordance with CLIENT's instructions or
<br /> Agreement shall create a contractual relationship with or a stored for an agreed charge.
<br /> cause of action in favor of a third party against either
<br /> CLIENT or HANSON. HANSON's services under this 26. Discovery of Unanticipated Hazardous Substances or
<br /> Agreement are being performed solely for the CLIENT's Pollutants: Hazazdous substances are those so defined by
<br /> benefit, and no other party or entity shall have any claim prevailing Federal, State, or Local laws. Pollutants mean
<br /> against HANSON because of this Agreement or the any solid,liquid,gaseous or thermal irritant or contaminant
<br /> performance or nonperformance of services hereunder. including smoke, vapor, soot, fumes, acids, alkalies,
<br /> CLIENT and HANSON agree to require a similar provision chemicals and waste. Hazardous substances or pollutants
<br /> in all contracts with contractors, subcontractors, may exist at a site where they would not reasonably be
<br /> subconsultants, vendors, and other entities involved in this expected to be present. HANSON and CLIENT agree that
<br /> Project to carry out the intent of this provision. the discovery of unanticipated hazardous substances or
<br /> pollutants constitutes a "changed condition" mandating a
<br /> 20. Severability: If any term or provision of this renegotiation of the scope of services or termination of
<br /> Agreement is held to be invalid or unenforceable under any services. HANSON and CLIENT also agree that the
<br /> applicable statue or rule of law, such holding shall be discovery of unanticipated hazardous substances or
<br /> applied only to the provision so held,and the remainder of pollutants will make it necessary for HANSON to take
<br /> this Agreement shall remain in full force and effect. immediate measures to protect human health and safety,
<br /> and/or the environment. HANSON agrees to notify
<br /> 2l. Survival: Notwithstanding completion or termination CLIENT as soon as possible if unanticipated known or
<br /> of the Agreement for any reason, all rights, duties, suspected hazardous substances or pollutants are
<br /> obligations of the parties to this Agreement shall sarvive encountered. CLIENT encourages HANSON to take any
<br /> and all measures that in HANSON's professional opinion
<br /> General Conditions(G/G)Rev. 1 3
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