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STANDA,RD TERMS AND CONDITIONS
<br /> ENVIROlYMENTAL SERVICES
<br /> BODINE ENVIRONMENTAL SERVICES, INC.
<br /> Item 1.Scopc oC Work.Bodine Environmental Services,[nc.(Bodine)shall perform item 5. Limitations of Liability. Tlie CLIENT agrees to limit Bodine's liability to
<br /> services in accordance with an"agreement"made�vith the"CLIENT". Tlie agreement the CLIENT and a!I parties claiming through the client or othenvise claiming reliance
<br /> consists of Bodine's proposal,Standard�ee Schedule,and these General Conditions. on Bodine's services,aliegedly arising Crom Bodine's professionai acts or errors and
<br /> 71ie CLIGNT is defined as the person or enlity requesting and/or authorizing the�vork, omissions, to a sum not to exceed Bodine's fees for tlie services perfomied on llie
<br /> and in doing so,client represents and waRants that hdshe is duly authorized in his/her project,provided that sucll claims are not attributabie lo Bodine's gross negligence or
<br /> role,even if performed on behalf of another party or entity,in�vhicli case the other intentional misconduct. In this latter event,tlie limit of liability�vill be increased to
<br /> party or entiry is also considered as the client. Tlie acceptance of Bodine's proposal $25,000 less any applicable insurance amount covering alleged damages or claims.
<br /> signifies the acceplance oC the terms of Iliis agreement. In no even[sliall Bodine or any olher parry to lhis agreement,including parties�vhicli
<br /> may have claim to have a direct or indirect reliance on Bodine's services,be liable to
<br /> Item 2. Site Access/Utility. The client will provide access to the�vork site. In tlie the otlier parties for incidental,indirect,or consequential damages arising from any
<br /> event the work site is not owned by the CLIENT,CL[ENT represents to Bodine tliat cause.
<br /> all necessary pertnissions for podine to enter tlie site and conduct the work have been
<br /> obtained. Bodine sliall exercise reasonable care to minimize damage to the property, Delay or failure of either party to perform its obligations under tlie Agreement, if
<br /> tlie CLI[NT understands that some damage may occur during the normal course of caused by acts aFGad or tlie public enemy,storm,eartliquake,flood,drought,labor
<br /> work,that Dodine lias not included in its fee the cost oCrestoration of damage,and Ihat disputes,lockouls,riots,sabotage,embargo,war or occasioned by any order or rule
<br /> CLIENT will pay for such restoration costs. of the United States or tlie State of Illinois or any other circumstance of a similar
<br /> nature beyond tlic reasonable control of either party or prevent or provide against,sliall
<br /> The CL[CNT sliall notify Bodine in�vriting of all subterranean structures or utilities not su6ject the party so failing to any liability to the otlier.
<br /> �vitliin llie area(s)wliere services are scheduled to occur. In tlie prosecution of tlu
<br /> work specified by this Agreement,Bodine�vill take reasonable precautions to avoid Item 6.Confidentiality. Bodine shall hold con�dential the business and tecl�nical
<br /> damage or injury[o subterranean structures or utilities. The CLIENT'agrees to liold inCortnation obtained or generated in perfortnance ofservices under lhis agrecment and
<br /> Bodine, its Subcontractors, Officers and employees harmless for any damages to identified in writing by the CLIENT as"con(idential".Bodine sliall not disclose such
<br /> subterranean structures which are not called to Bodine's attention and correctly slio�vn infom�ation except iFsuch disclosure is required by govemmental statute,ordinance,
<br /> on plans fumished. Bodine may store its equipment,apparatus,and supplies on the or regulation;for compliance witli professional standards of conduct Cor public safety,
<br /> project site,but sliall not unreasonably interfere with the CLIENT's operation thereon. health,and welfare concems;or for protection of Bodine against claims or liabilities
<br /> arising from performance of its services. The teclinical and pricing in(ormalion
<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 /> �vitli a combined single limit of not less tlian$1,000,000 per occurrence for personal confidential and proprietary,shall not be released or otlienvise made available to any
<br /> injury, includin� deatli, and property damage, workers compensation insurance in third party without the express�vritten consent of Bodine.
<br /> accordance�vith the Illinois Workers'Compensation Act and Uie Illinois Occupational
<br /> Disease Act;and automobile liability insurance willi a combined single limit of not ]tem 7.hlodifications. This agreement and all attacliments pursuant to tliis agreement
<br /> less than$I,000,000 per occurrence for personal injury,includin�death and property represents the entire understanding bet�veen the parties,and neitlier tlie CLIENT nor
<br /> damage, and shall provide to the other proof thereof at least on an annual basis. Bodine may amend or modiCy any aspect of this contract unless such alterations are
<br /> CL(L-NT shall maintain at least$500,000.00 insurance coverage on each of the abovc reduced to writing and properly executed by tlie parties hereto. Tliese terms and
<br /> ilems. Dodine sliall maintain pollulion legal liability insurance in the amounts of conditions shall supersede all prior or contemporaneous communications,
<br /> $1,000,000 single occurrence and$2,000,000 ago egate,and maintain a$5,000,000 representations,or agreements,and any provisions expressed or implied in the request
<br /> pollution liabiliry insurance policy(in addition to standard auto/truck insurance)for Cor proposal, purchase order, autliorization to proceed, or otlier contradictory
<br /> Bodine's vehicles engaged in the transportation of hazardous wastes. Certificates of provisions,whether written or oral.
<br /> Insurance can be provided upon request.
<br /> Item 8. Compensation.lnvoicu for performed�vork shall be submitted Cor payment
<br /> Item 4. Indemnification. The CLIENT shall remain liable for the conduc[of its after completion oF a projec[if bid for a Fixed price or montrily in accordance�vidi
<br /> operations,including tlie acts of omission df its afficers,directors and employees at Bodine's rate schedule. CLIENT shall satisCy tlie payment thereof in full,witliin 30
<br /> all times,and in particular, involving lhe use,storage or transfer of toxic,noxious, days of tlie date oFthe invoice. If the invoice is not paid in full by that date,a finance
<br /> hazardous or other listed materials or substances under its possession and control, charge will be added at a monthly rate of l l/2 percent,wliich is an annual rate of 18
<br /> whether located upon its premises or othenvise,and shall defend,indemnify and hold percenL �
<br /> Qodine harmless from against all claims,damages,costs,expenses,liabilities,actions,
<br /> suits,fines and penalties whicli may arise out of any acts or omissions committed by In the event collection proceedings are required to collect unpaid bills for services of
<br /> tlie CLfENT,or any of its officers,directors and employees. Bodine completed to the reasonable satisfaction of tlie CC.IENT,Bodine reserves the
<br /> riglit to initiate legal action Cor all bills due plus interest of 1 (/2 percent each month
<br /> In tlie event ofdamage,injury,or loss resulting from the release of toxic or liazardous past due and aIl costs incurred in the collection proceedings,including but not limited
<br /> substance to the environmcnt, or other environmental impairment during the to attomey's fecs,postage and mailing,travel and employee wages and expenses.
<br /> perCormance this contract, Bodine sliall only be responsible for such injury or loss
<br /> caused by its own negligence or fault. If tliere is a claim that lhe damage,injury or Item 9.Otl�er Considerations. Tlie obligation to provide Curther services under tliis
<br /> loss is lhe result of a combination oF Cault of Bodine and CLIENT,then Bodine shall Agreement may be terminated by either party upon seven days'�vritten notice in the
<br /> oniy be responsible for that proportion or percentage of the total damage�vhich is event of substantial failure by lhe other party to perform in accordance with terms
<br /> equal to the total negligence. The percentage of fault of Bodine shall be detertnined hercof through no fault otthe terminating parry.
<br /> by agreement or as provided in Chapter 70 Section 301 Et.Sec.IL Rev.Stat. ]985"An
<br /> Act in Relation to Contribution Among Tortfeasors".Not withstanding any other Every tertn or provision contained in any of the contract documents is severable from
<br /> condition containcd in tliis Agreemcnt,botli the CLIENT and Bodine shall remain all of the others. A waiver by either the CLIENT or Bodine of any default by tlie
<br /> obliga(ed in lheir respective capacities,to camply�vith any all requiremcnts required other of other oFany term or provision of the Agreement shali not be deemed a�vaiver
<br /> by the statues of the United States or the State of Illinois,or any rules,regulation,or by such party of any other or subsequent default.
<br /> ordinance of any board,commission,agency or subdivision thereof,regarding the use,
<br /> possession,control,ownership transfer,or other activity involving any toxic,noxious, This Agreement sliall be construed,interpreted and govemed by the la�vs of tlie State
<br /> or I�azardous material as deGned in the State oClUinois or Federal law or regulation. of lllinois. The tertns of this Agreement shall commence witli signing and dating oF
<br /> this Agrecment by CLIENT's authorized representative and sliall end upon project
<br /> completion and[inal invoice payment.
<br /> INIT(ALS:
<br /> DATE:
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