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TERMS AND CONDITIONS
<br /> INVOICES. Invoices will be submitted once a month with payment due within thirty(30�ays of the date of invoice. A late
<br /> charge at the rate of one and one-half percent per month,or the highest rate allowed by applicabie law,wluchever is lowesk,
<br /> will be added to all amounts outstanding after said thirty (30) days. Client shall responsible for payment of Consultent's
<br /> charges, along with C1ienYs other obligations hereunder, even if Ciient requests the invoices to be sent to a third perly.
<br /> Client agrees to pay any and all attorneys'fees and court costs should attorneys be utilized or court proceedings initiated to
<br /> collect any past due out of this Agreement.
<br /> PERFORMANCE. .Consultant will exercise reasonable skill aad judgment in providing the Services. No other warranties
<br /> (express or implied)or representations of perforniance are given.
<br /> STORAGE. Material samples not consumed in Consultant's work may be discarded thirty(30)days after submission of the
<br /> test report unless the Client requests other disposition. Charges may be made, after notification, for extended storage of
<br /> materials,records,ar equipment
<br /> SAFETY. Field work will be performed only under safe conditions. Charges may be made for safety or security measure.4
<br /> required by hazardous job conditions.
<br /> SUBPOENAS. Client is responsible for payment of time charges and expenses resulting from Consultant's required
<br /> response to subpoenas issued by any party in connection with Consultant's Services hereunder. Charges will be deternuned
<br /> in the manuer set forth in Exhibit A at the rates in et�'ect at the time the subpoena is served.
<br /> CLIENT OBLIGATIONS. It is recognized that Client has sup�cior knowledge of We job site, the access routes to the
<br /> location of the job site and sub-surface conditions, etc., and Client is obligated to advise Consultant of al1 or any of the
<br /> conditions that may affect Consultant's perfotmance hereunder. Client agrees to make available to Consultant specifications,
<br /> plans, shidies, documents or other information on surface and subsurface conditions as will be rea4onably required by
<br /> Consultant for proper and timely perfomiance of the Services. Client shall procure all enhy pennits and right-0f-ways.
<br /> INDEMNIFICATION AND LIlVIITATION OF LIABILITY.
<br /> The Consultant agrees,to the fullest extent not prohibited by law,to indemnify and hold harmless Client,and its officers and
<br /> its employees from and against all liability, claims, demands and expenses, including court costs and attorneys' fees on
<br /> account of any injury,loss,or damage,which arise out of or are in connection with the Services to be perfoimmed under ttris
<br /> Agreement, but only to the extent such injury, loss, or damage is caused in whole or in part by the negligent acts or
<br /> omissions,professional eiror or other fault of the Consultant,any Subcontractor of the Consultant,or any off'icer,employee or
<br /> agent of the Consultant. This obligation of the Consultant shall not apply to damages which are the result of the negligent
<br />, acts or omissions,professional error or other fault of the indemnified parties.
<br /> Consultant shall not be liable towards Client for any special,incidental or consequential damages,such as loss of use,loss of
<br /> profits or revenue, claims of customers of Client, etc., whether based on contract or tort, including negligence or strict
<br /> liability. The Client agrees that the total limit of Consultant's liability hereunder(whether based on negligence,warranty,
<br /> strict liability or otherwise)shall not exceed the limits of insurance coverage in this Agreement.
<br /> INSURANCE
<br /> During the performac►ce of the Services under this Agreement,Consultant shall maintain the following insurance:
<br /> (1) General Liability Insurance,with a combined single limit of 51,000,000 for each occurrence and S1,000,000 in the
<br /> aggre8ate.
<br /> (2) Automobile Liability Tnsurance, with a combined single limit of 51,000,000 for each person and 51,000,000 for
<br /> each accident.
<br /> (3) Workers' Compensation Insurance in accordance with statutory requirements and Employecs'Liability Insurance,
<br /> with a limit of 5500,000 for each occurrence.
<br /> (4) Professional Liability lnsurance,with a limit of 51,000,000 annual aggregate.
<br /> Consultant shall fwnish Client certificates of insurance which shall include a provision that such insurance shall not be
<br /> canceled without at least thirty days' written notice to Client. The General Liability lnsurance and Automobile Liability
<br /> In.surance specified above shall provide that Client,and its agencies, o�cials, otlicers,and employees,while acting within
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