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agreed to under the professional liability section of this contract, provided year of this Agreement shall be those represented by Appendix A, and these
<br /> that any such claim, damage, loss, or expense is caused by the negligent fees will annually change at the beginning of each calendar year after the
<br /> act, omission of the FGI or anyone employed by FGI (except the CLIENT). date of this Agreement. The Client may either accept or reject any new fee
<br /> In any instance where there is a claim for damages, losses, and expenses schedule, in which instance a rejection would be deemed termination under
<br /> resulting from the proven negligent acts of both the CLIENT and FGI then the this Agreement.
<br /> responsibility shall lie between the CLIENT antl FGI in proportion to their
<br /> contribution of negligence. In no case shall FGI's liability exceed the limit of Professional Services During Construction
<br /> liability established under the Professional Liability Section of this contract.
<br /> If construction-related seroices are included in the scope of services on page
<br /> Term: Unless sooner terminated or extended as provitled herein, this 1,the following provisions shall apply:
<br /> Agreement shall remain in full force and effect from the date first written on
<br /> the first page of this Agreement until the date of completion of the services or Shop Drawing Review: Client agrees that FGI shall review shop drawing
<br /> either party becomes insolvent, makes an assignment for the benefit of submissions solely for their conformance with FGI's design intent and
<br /> creditors,or a bankruptcy petition is filed by or against it. Either party may conformance with information given in the construction documents. FGI shall
<br /> terminate this Agreement at any time by giving written notice of such not be responsible for any aspects of a shop drawing submission that affect
<br /> termination to the other party. Upon such termination of this Agreement, or are affected by the means, methods, techniques, sequences, and
<br /> Client shall pay and reimburse FGI for services rendered and costs incurred operations of construction, safety precautions and programs incidental
<br /> by FGI prior to the effective date of termination. The indemnification of FGI thereto, all of which are the Contractor's responsibility. The Contractor will
<br /> by Client wherever stated herein shail survive the termination of this be responsible for lengths, dimensions, elevations, quantities, and
<br /> Agreement regardless of cause of termination. coordination of the work with other trades. Client warrants that the
<br /> Contractor shall be made aware of his responsibilities to review shop
<br /> Without Representation or Warranty: FGI makes no representation or drawings and approve them in these respects before submitting them to FGI.
<br /> warranty of any kind,including but not limited to,the warranties of fitness for
<br /> a particular purpose or merchantability, nor for such warranties to be implied Job Site: Services performed by FGI during construction will be limited to
<br /> with respect to the data or service furnished. FGI assumes no responsibility providing assistance in quality control and to dealing with questions by the !
<br /> with respect to ClienYs use thereof. Client's representative concerning conformance with drawings and
<br /> specifications. This activity is not to be interpreted as an inspection service, ,
<br /> Subpoenas:The Client is responsible after notification,for payment of time a construction supervision service, or guaranteeing the Contractor's ',
<br /> charges and expenses resulting from the required response by FGI to performance. FGI will not be responsible for construction means, methods,
<br /> subpoenas issued by any party other than FGI in conjunction with work techniques, sequences or procedures, or for safety precautions antl
<br /> performed under this Agreement. Charges are based on fee schedules in programs. FGI will not be responsible for the Contractor's obligation to carry
<br /> effect at the time the subpoena is served. out the work according to the Contract Documents. FGI will not be
<br /> considered an agent of the owner and will not have authority to direct the
<br /> Precedence: These Standards, Terms, and Conditions shall take Contractor's work or to stop work.
<br /> precedence over any inconsistent or contradictory provisions contained in
<br /> any proposal,contract,purchase order,requisition,notice to proceed,or like Authority and Responsibility: FGI shall not guarantee the work of any
<br /> document regarding FGI's services. Contractor or Subcontractor,shall have no authority to stop work,shall have
<br /> no supervision or control as to the work or persons doing the work,shall not
<br /> Applicability: These General Conditions, being part of a Professional have charge of the work,shall not be responsible for safety in,on,or about
<br /> Service Agreement between the parties above listed, shall by agreement of the job site,or have any controi of the safety or adequacy of any equipment,
<br /> said parties delete paragraphs that have been crossed out and initialed by building component,scaffolding,suppoRs,forms,or other work aids.
<br /> both parties as not being applicable to this Project. In all other instances,the
<br /> parties rea�rm the listed paragraphs in this document. Additional Provisions
<br /> Fee Schedule: Where lump sum fees have been agreed to between the Additional provisions to this Professional Services Agreement may be added
<br /> parties,they shall be so designated in the Agreement attached hereto and by by consent of both parties evidenced by signature to same in the form of
<br /> reference made a part hereof. Where fees are based upon hourly charges Appendix B attached hereto and by reference made a part hereof.
<br /> for services and costs incurred by FGI,they shall be based upon the hourly
<br /> fee schedule annually adopted by FGI,as more fully set forth in Appendix A
<br /> attached hereto and by reference made a part hereof. Such fees in the initial
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