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: . <br /> BODINE would be liable under the Illinois Workers' Compensation Act or the Illinois <br /> Occupational Disease Act which shall be BODINE's sole measure of liability therefore. <br /> 1.7 The CLIENT or its representative shall, at all times, have access to the work being <br /> performed wherever it is in preparation or progress. BODINE shall not be responsible <br /> for the OSHA required training, medical surveillance, personal protective equipment and <br /> other health and safety precautions for the CLIENT, its employees, agents or its <br /> representatives. These precautions are the CLIENT's responsibility as an employer. <br /> 1.8 If excavation, soil borings or other subsurface physical disturbance will occur, the <br /> CLIENT shall notify BODINE in writing of all subterranean structures or utilities within <br /> the Project area. In the prosecution of the work specified by this Agreement, BODINE <br /> will take reasonable precautions to avoid damage or injury to subterranean structures or <br /> utilities. The CLIENT agrees to hold BODINE, its SUBCONTRACTORS or <br /> SUBCONSULTANTS, officers and employees harmless for any damages to subterranean <br /> structures which are not called to BODINE's attention and correctly indicated on any <br /> diagrams, figures or plans provided to BODINE. <br /> 1.9 CLIENT shall be responsible for and pay BODINE at its prevailing rates for all time <br /> spent by BODINE employees in connection with any court, administrative ar other legal <br /> proceedings with a third party, arising from or relating to services provided under this <br /> Agreement, regardless of whether or not BODINE is subpoenaed to appear at such <br /> proceedings by CLIENT or any third party. <br /> 2.0 COMPENSATION <br /> 2.1 BODINE shall maintain time sheets documenting man-hours, equipment and materials <br /> used in performing the activities in the Scope of Work. The time sheets and the current <br /> BODINE rate schedule shall be the basis for invoicing, on a time-and-material basis, the <br /> services provided by BODINE. The rate schedule in effect at the time this agreement <br /> was executed is provided as Attachment 2. <br /> 2.2 The CLIENT shall pay BODINE, as compensation for its services, according to the <br /> cunent BODINE Rate Schedule and as follows: <br /> 2.2.1 In the event collection proceedings are required to collect unpaid bills for services <br /> of BODINE completed to the reasonable satisfaction of CLIENT, BODINE <br /> reserves the right to initiate legal action for all bills due plus interest of 1'/2 <br /> percent each month past due and all costs incurred in the collection proceedings <br /> but not limited to attorney's fees, postage and mailing, travel and employee wages <br /> and expenses at the rates specified in Attachment 2 of the Agreement. <br /> 3.0 GENERAL CONSIDERATIONS <br /> 3.1 Neither BODINE nor the CLIENT shall assign this Agreement in whole or in part, <br /> without the prior written consent of the other. Subject to the foregoing, this Agreement <br />