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STANDARD TEI2NIS AND CONDITIONS <br /> ENVIRONl�ENT:�L SERVICES <br /> BODINE ENVIRONNIENTAL SERVICES, INC. <br /> Item 1.Scopr oC�Vorl:.Bodine Environmentai Services,[nc.(Bodine)shall perform Item 5. Limitations of Li�bi(ity. The CLIENT agrees to limit Bodine's liability to <br /> services in�ccordance�vith an"a�reement"made with the"CLIENI'". The aQreement the CLIENT and all parties claiming through the client or othenvise claimin�reliance <br /> consists of Bodine's proposal,Standard Fee Schedule,and these General Conditions. on Bodine's services,alleocdly arisin�from Bodine's professional acu or errors and <br /> The CLIEYC is defined as the person or entiry requesting and/or authorizing the work, omissions, to a sum not to exceed Bodine's fees for the services perfortncd on the <br /> and in doing so,clien[represen[s and�varrants chat he%she is duly authorized in his/her projecc provided thaz such claims are noc attributabie to Bodine's�oss ne;li;ence or <br /> role,even if performed on behalf of another party or en[iN,in which case[he other intentional misconduct. In this latter event,the limit of liability will be incre�sed to <br /> party ur entity is also considered as[he client. The acceptance of Bodine's proposal 525,000 less any applicable insurance amount covering alle�ed dama�es or claims. <br /> sisnitits�hz acceptance of the terms of this agreement. [n no event shall Bodine or any other parry to this a;reemen�including parties which <br /> may have claim to have a direct or indirect reliance on Bodine's services,be liable to <br /> i�em?. Site Access/L`tiliry. Tlie client will provide access to the work site. In the the other panies for incidental,indirecc or consequential damases arising from any <br /> event thz�vork si[e is no[owned by the CLIE�IT,CLIENT represenu to Bodine that cause. � <br /> all necessary ptrmissions for Bodint to enter the site and conduct the�vork have been <br /> obtained. Bodine shal!exercise reasonable care to minimize damage to the properry, Delay or failure of ti[hzr parry to perrortn i�s obiigations under the Aereement, if <br /> the CLIEVT understands thac some dama�e may occur during the normal coune of caused by ac�s of God or the public enemy,storm,earthquake,flood,drough�labor <br /> work,tha�Bodine has noc included in its fee the cost of restoration of damage,and[hac disputes,lockouts,riots.sabotage,embaz�o,war or occasioned by any order or rule <br /> CLIENT�vill pay for such restoration costs. of the United States or[he State of Illinois or any other circumstance of a similar <br /> nature beyond the rcasonable convol of either party or prevent or provide agains�shall <br /> The CL(E�fi'shall notify Bodine in writing of all subtem�ne�n swctures or utilities not subject[he party so failing to any liability to the other. <br /> within the area(s)where services are scheduled to occur. In the prosecution of the • <br /> work specified by this��reemen�Bodine will tal:e reasonable precautions to avoid Item 6.Confidentiality. Bodine shall hold confidential the business and technical <br /> dama_e or injury to subterranean swctures or utilities. The CLIENT agrees to hold information obtained or�enerated in performance of services under this a�reemen[and <br /> Bodine. its Subcontractors, Officers and employees harmless for any damages to identified in writing by the CLIENT as'confidential".Bodine shall not disclose such <br /> subterranean structures which are not called to Bodine's attention and�orrectly shown information e:ceept if such diselosure is required by govemmental statute,ordinance, <br /> on plans fumished. Bodine may store iCs equipment,appara[us,and supplies on the or regulazion;for compiiance with professional standards of conduct for public safery, <br /> projectsite,6utshall not unreasonably interfero wi[h the CLIENI's operation thereon. health,and�velfaze concems;or for pro[ection ofBodinc a�ainst claims or liabilities <br /> arising from performance of iLs services. The technical and pricin� info2nation <br /> Item 3. Insurance. Bodine shall provide comprehensive general liability insurance, contained in any report or proposal submitted by Bodine is to be considered <br /> with a combined singie limit of not less than S 1,000,000 per occurrence Tor personal confidential and proprietary,shali not be released or othenvise made available to any <br /> injury, including death, and properry damage,workers compensation insurance in third party without the exprtss written consent ofBodine. <br /> accordance with the Illinois Workers'Compensation Act and the Illinois Occupational <br /> Disease Act;and automobile liabiliry insurance with a combined sin�le limit of not Item 7.�IodiScations. 'Iliis agreement and all attachmenu pursuant to this�ement <br /> less than SI,000,000 per occurrence for personal injury,including death and properry represents the entire understandin�bern•ecn thc parties,and neither the CLIENT nor <br /> damage, and shall provide to Ihe other proof thereof at least on an annual buis. Bodine may amend or modify any aspect of this contract unless such altera[ions are <br /> CLIEM'shall maintain at le�t S500,000.00 insurance coverage on each of the above reduced to writing and properly executed by the parties hereto. These terms and <br /> items. Bodine shall maintain pollu[ion legal liability insurance in the amounu of conditions shall supersede all prior or contemporaneous communications, <br /> SI,000,000 single occurrence and S2,000,000 aggregate,and maintain a S5,000,000 representations,or ageements,and any provisions expressed or impl ied in the request <br /> pollution liability insurance policy(in addition to srandard auto/wck insurance)for for proposal, purchase order, authorization to proceed, or o[her contradictory <br /> Bodine's�ehicles engased in the vansportation oFhazardous wastes. Czttificates of provisions.«•hecher wricten or oral. <br /> Insurance can be provided upon request. , - <br /> Item 8. Compensation.Invoiccs for performed work shall be submitted for payment <br /> Item �i. Indemnifcacion. The CL[EIVT shall remain liable for the conduct of its aRer completion of a project if bid for a fixed prir,e or mon[hly in accordance with <br /> operations.inciuding the accs of omission of iLs officers,directors and employees at Bodine's rate schedule. CLfE�lT shall satisfy the payment theceof in full,�vithin 30 <br /> ail times,and in particular, involving the use,storage or transfer of toxic,noxious, days of the date of the invoice. [f the invoice is not paid in full by that date,a finance <br /> hazardous or other listed materials or substances under ict possession and control, char�e will be added az a monthiy rate of 1 1/2 percent,which is an annual raze of!8 <br /> �vhether located upon iu premises or othenvise,and shall defend,indemnify and hold percent. <br /> Bodine harmless from a�ainst ali clairru,damages,cosu,expenses,liabilities,actions, <br /> suits,fines and penal[ies�vhich may arise out of any acts or omissions committed by In the event collection proceedin�s are required to collect unpaid bilts for services of <br /> the CLIENC,or any of iLs officers,directors and employees. Bodine completed to the re3tonable satisfaction of the CLIENf,Bodine reserves the <br /> right to initiate le�al action for�ll bilis due plus interest of 1 t!?percent each month <br /> in[he even[of damage,injury,or loss resulting from the release of toxic or hazardous pas[due and aJl cosu incurred in the collection proceedings,including but not limited <br /> substance to the environment, or other environmental impairment during the to attorney's fees,postagc and mailin�,travel and employee wages and expenses. <br /> performance this contrac� Bodine shall only be responsible for such injury or loss <br /> caused bv iu own neslisence or fautt If there is a claim tha[the damage,injury or Item 9.Other ConsideraHons. The obli�ation to provide further services under this <br /> loss is the rrsult of a combination of fault of Bodine and CLIENT,Ihen Bodine shall Agreement may be terminated by either pazty upon seven days'wricten notice in the <br /> only be responsible for that proportion or percenta�e of the tota!damage which is event of substantial failure by the other parry to perfortn in accordance with terms <br /> equal to the totai negli�cnce. The percentaee of fauit of Bodine shall be determined hereof throu�h no fault of the tcrminating party. <br /> by a;reemen[or as provided in Chapter 70 Section 301 Et Sec.IL Rev.Stat 1985"An V <br /> Act in Relation to Contribution Among Tortfeasors". Not withstanding any other Every term or provision contained in any of the contract documenu is severable from <br /> condition contained in this Agreemen�both the CLIEt�lT and Bodine shall remain all of the others. A waiver by either the CLIENT or Bodine oF any default by the <br /> obligated in their respec[ive capacities,to comply with any all requiremencs required , other of o�hzr of any term or provision of the Agreement shall not be deemed a waiver <br /> by the statues of the Uni�ed States or the State of Illinois,or any ru(es,regulation,or ' by such party of any other or subsequent default. <br /> ardinance oFany board,commission,agency or subdivision thereof,re�ardin�the use, <br /> possession,conuol,ownership tr�nsfer,or other activiry involving any to�cic,noxious, �This A�reement shall be conswed,interpreted and govemed by the laws of the State <br /> or hazardous material as defined in the State of Illinois or Federal law or regulation, of Illinois. The terms of this Agreemen[shall commence with sianin�and da[ing of <br /> this Agreement by CLIFNPs authorized representative and shall end upon project <br /> completion and final invoice payment. <br /> L.,;f,a l:.�---�— <br /> 70.-f e: _---- <br />