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7. GENERAL TERMS AND CONDITIONS <br /> (a) Relationship Between Harza and Client <br /> Harza shall serve as Client's professional engineering consultant in those phases of the Project to which this <br /> Agreement applies. The relationship is that of a buyer and seller of professional services and it is understood that <br /> the parties have not entered into any joint venture,agency or partnership with the other. <br /> (b) Responsibility of Harza <br /> Harza will render engineering services in accordance with generally accepted and currently recognized <br /> engineering practices, procedures and principles. Hazza makes no other warranty, either express or implied, with <br /> respect to its services. <br /> Notwithstanding anything to the contrary which may be contained in this Agreement or any other material <br /> incorporated herein by reference, or in any agreement between Client and any other party concerning the Project, <br /> Harza shall not have control or be in charge of and shall not be responsible far the means, methods, techniques, <br /> sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construc- <br /> tion contractor, other contractors or subcontractors performing any of the wark ar services on the Project. Nor <br /> shall Harza be responsible for the acts or omissions of Client, or for the failure of Client, any architect, engineer, <br /> consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project <br /> documents, this Agreement or any other agreement concerning the Project. Any provision which purports to <br /> amend this provision shall be without effect unless it contains a reference that the content of this Subsection 7(b)is <br /> expressly amended for the purposes described in such amendment and is signed by both of the parties. <br /> (c) Suspension of Services <br /> Client may,at any time,by written order to Harza(identified as a Suspension of Services Order)direct Harza <br /> to stop all, or any part, of the services required to be performed by Harza under this Agreement. Upon receipt of <br /> such an order,Harza shall immediately comply with its terms and take all reasonable steps to minimize the occur- <br /> rence of costs allocable to the services covered by the order. Client, however, shall pay all costs associated with <br /> suspension including all costs necessary to maintain continuity and the staff required to resume the services upon <br /> expiration of the suspension of services order. Harza will not be obligated to provide the same personnel employed <br /> prior to suspension when the services are resumed, in the event the period of any suspension exceeds thirty (30) <br /> days. Client will reimburse Harza for the costs of such suspension and remobilization. <br /> (d) Termination <br /> This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of <br /> substantial failure by the other party to perform in accordance with the terms hereof through no fault of the <br /> terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall <br /> determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, <br /> incurred by Harza before the termination date shall be reimbursed by Client. <br /> Page 3 of I S <br />