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<br /> expense is caused in whde or in part by the negligent act, omission, andlor Shop Drawing Revlew: CIieM agrees that FGI shall review shop drawing
<br /> � stricE liability of the CLIENT or anyone directly a indirectly employed by the submissions sdely for their conformance with FGI's design inteM and
<br /> CLIENT(except FGI). FGI sh�l indemnify and hdd h�mless the CLIENT and confamance with information given in the construction documerits. FGI shall
<br /> all of its personnel from and against damages,losses and expenses�ising out not be responsible for any aspects of a shop drawing submission that atfect or
<br /> of or resulting from the perfamance of the services, up to the limit of liability �e afFected by the means,methods,techniques,sequences,and operations of
<br /> agreed to under the professional liabilily section of this contract,provided that construction, safety precautions and progrems incidental th�eto, all of which
<br /> eny such claim,damage,loss,or e�ense is caused in whde or in part by the are the Contractor's responsibility. The Contractor will be responsible fa�
<br /> negligeM act,omission of the FGI or anyone directly ar indirectly employad by lengths, dimensions, elevations, quantities, and coordination of the woric with
<br /> FGI(except the CLIENT). In any instance where there is a claim for damages, other trades. CIieM warr�ants that the Contractor shall be made aware of his
<br /> losses, and expenses resulting from the proven negligent acts of both the responsibilities to review shop drauYings and �prove them in these respects
<br /> CLIENT and FGI then fhe responsibility shall lie beM�een the CLIENT and FGI in befare submitting them to FGI.
<br /> proporGon to their contribu6on of nagligence. In no case shall FGI's liabiliry
<br /> exceed the limit of liability established under the Professional Liability Section of Job Site: Servic�s performed by FGI during construction will be limited to
<br /> this contract. providing assistance in quality coMrd and to dealing with que.stions by the
<br /> ClienYs represer►tative conce�ning confamance with drawings and
<br /> Term: Unless sooner terminated or extended as provided herein, this speafications. This�tivity is not to be interpreted as an inspection s�vice,a
<br /> l�greement shall rem�n in full force and effect from the date first written on the construction supervision service,or guaranteeing the Contractors perfamance.
<br /> first pege of this�reement until the date of completion of the services or either FGI will not be responsible for construction means, methods, techniques,
<br /> p�ly becomes insdvent,makes an assignment for the benefit of creditors,or a sequences or procedures,or for safety precautions and programs. FGI will not
<br /> bankruptcy petition is filed by or against it Either party may terminate this be responsible for the Contractors obligation to carry out the waic according to
<br /> Agreement at any time by giving written notice of such termination to the other the Contrsct Documer�ts. FGI will not be considered an agent of the owner and
<br /> party. Upon such termination of this Agreement,Clier�t sh�l pay and reimburse will not have authaity to direct the Contractor's work or to stop work.
<br /> FGI for services rendered and costs incurred by FGI priar to the etfective date of
<br /> tertnination.The indemnification of FGI by CIieM wherever stffied herein shall AuthoHty and Responaibllltyr: FGI shall not guarantee the work of any
<br /> survive the termination of this l�reement regardless of cause of termination. Contractor a Subcontractor,shall have no authority to stop wak,sh�l have no
<br /> supervision or coMrd as to the work or persons dang the wak,shall not have
<br /> Without Representation or WarraMy: FGI malces no representation ar charge of the wak,and shall not be responsible for safety in,on,or about the
<br /> warranty of any kind,including but not limited to,the wartanties of fitness for a jab site, � have any control of the safety or adequacy of any equipment,
<br /> particular purpose or merchar�bility,nor far such warranties to be implied with building component,scaffdding,supports,fams,or other waic�ds.
<br /> respect to the data or service fumishad. FGI assumes no responsibility with
<br /> respect to Clier�Ys use thereof. Additional Provisiona
<br /> Subpoenas: The Client is respon�ble after notification, for payment of time Additional provisions�this Professional Services Agreement may be added by
<br /> charges and e�enses resulting from the required response by FGI to conseM of both parties evidenced by signature to sarne in the form of Appendix
<br /> subp�nas issued by any party other than FGI in conjunction with woric D attached hereto and by reference made a part hereof.
<br /> perfamed under this Agree�neM. Ch�ges�e based on fee schedules in efrect
<br /> at the time the subpoena is served. END OF GENERAL CONDITIONS
<br /> Precedence: These Standards,Tertns,and Conditions shall take precedence
<br /> over any inconsistent or contradictory provisions contained in any proposal,
<br /> contract, purchese order, requisition, notice to proceed, or like document
<br /> regarding FGI's services.
<br /> Appllcablllty:These General Conditions,being part of a Profession�Service
<br /> Agreernent between the parties above listed,shall by agreement of said parties
<br /> delete peragraphs ffiffi have been crossed out and initialed by both perties as
<br /> not being applicable to this Project. In all oth�instences,the parties realfirm
<br /> the listed p�agraphs in this documer�t.
<br /> Fee Schedule: Where lump sum fees have been agreed to beUnreen the
<br /> parties,they shall be so designated in the Agre�nent attached hereto and by
<br /> reference made a part hereof. Wh�e fees�e based upon hourly charges for
<br /> services and costs incurred by FGI, they shall be based upon the hourly fee
<br /> schedule annually adopted by FGI,as more fully set forth in Appendices B and
<br /> C attached hereto and by reference made a part hereof. Such fees in the initial
<br /> year of this Agreement shall be those represented by Appendices B and C,and
<br /> these fees will annu�ly change at the beginning of each calendar year after the
<br /> date of this Agreement. The Client may either accept ar reject any new fee
<br /> schedule,in which instance a rejection would be deerned te�mina6on under this
<br /> Agre�neM.
<br /> Profeasional Servlcee During Construction
<br /> If construction�related services are included in the scope of services on page 1,
<br /> the fdlowing provisions shall apply:
<br /> Generel Conditions 2
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