R2009-04 AUTHORIZING AGREEMENT HANSON PROFESSIONAL SERVICES, INC.

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, • � . <��i HANSON �I Contractor's method of determining prices, or over 2l. Survival: Notwithstanding completion or termination competitive bidding or market conditions, its opinions of of the Agreement for any reason, all rights, duties, probable Project cost or construction cost for this Project obligations of the parties to this Agreement shall survive will be based solely upon its own experience with such completion or termination and remain in full force and construction, but HANSON cannot and does not effect until fulfilled. guarantee that proposals,bids or the construction cost will not vary from its opinions of probable costs. If the 22. Entire Agreement: This Agreement is the entire CLIENT wishes greater assurance as to the construction Agreement between the CLIENT and HANSON. It cost,he shall employ an independent cost estimator. supersedes all prior communications, understandings and agreements, whether written or oral. Both parties have l7. Shop Drawing Review: CLIENT agrees that participated fully in the preparation and revision of this HANSON's review of shop drawings, when such review Agreement, and each party and its counsel have reviewed is included in the scope of services, shall be solely for the final document. Any rule of contract construction their conformance with HANSON's design intent and regarding ambiguities being construed against the drafting conformance with information given in the construction party shall not apply in the interpreting of this Agreement, documents. HANSON shall not be responsible for any including any Section Headings or Captions. Amendments aspects of a shop drawing submission that affect or are to this Agreement must be in writing and signed by both affected by the means, methods, techniques, sequences CLIENT and HANSON. and operations of construction, safety precautions and programs incidental thereto, all of which are the 23. Modification to the Agreement: CLIENT or Contractor's responsibility. The Contractor will be HANSON may, from time to time, request modifications responsible for lengths, dimensions, elevations, quantities or changes in the scope of services to be performed and coordination of the work with other trades. CLIENT hereunder. Such changes, including any increase or warrants that the Contractor shall be made aware of his decrease in the amount of HANSON's compensation, to responsibilities to review shop drawings and approve which CLIENT and HANSON mutually agree shall be them in these respects before submitting them to incorporated in this Agreement by a written amendment HANSON. to the Agreement. 18. Confidentiality: Each party shall retain as 24. Governing Law: This Agreement shall be governed confidential, all information and data furnished to it by by and interpreted pursuant to the laws of the State of the other party which are designated in writing by such Illinois. other party as confidential at the time of transmission, and are obtained or acquired by the receiving party in connection with this Agreement, and said party shall not disclose such information to any third party. l9. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either CLIENT or HANSON. HANSON's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against HANSON because of this Agreement or the performance or nonperformance of services hereunder. CLIENT and HANSON agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in this Project to carry out the intent of this provision. 20. Severability: If any term or provision of this Agreement is held to be invalid or unenforceable under any applicable statue or rule of law, such holding shall be applied only to the provision so held,and the remainder of this Agreement shall remain in full force and effect. General Conditions(C/5)Rev.1 3