R96-150 AUTHORIZING EXECUTION OF MASTER SERVICES AGREEMENT

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� (b)•This Agreement may be terminated by either party as to any 17. INFORMATION PROVIDED BY CLIENTS:UTILITIES Work Order (i) if the other party fails substantially to perform in accordance with this Agreement through no fault of the terminating (a) CLIENTS shall provide to MONTGOMERY WATSON party and such failure remains uncured thirty(30)days after written prompdy at Q.IEN'TS'sole expense,such information regarding the notice;or(ii)whenever the right to terminate is otherwise provided Project as MONTGOMERY WATSON may request in order to in this Agreement. complete the Services,including information to compiete or verify information previously submitted. Subject to the provisions of this (c) If CLIENTS fail to pay any amount to MONTGOMERY Paragraph 17, the information furnished in response to I WATSON when due, and such amount remains unpaid forty-five MONTGOMERY WATSON's request may include existing (45) days after the due date,then MONTGOMERY WATSON may information in CLIENTS' possession and information procured suspend performance of Services under this Agreement. from others. MONTGOMERY WATSON shall not be responsible MONTGOMERY WATSON shall have no liability to CLIENTS for for the accuracy of such information provided by CLIENTS,but delay or damage suffered by CLIENTS as a result of such shall review the information and advise CLIENTS of any potential suspension of Services. inaccuracies or omissions which come to its attention. (d)If CLIENTS suspend all work on[he Project,MONTGOMERY (b)Q.IENTS shall,to the best of their ability,identify the location WATSON shall be compensated for Services performed prior to its of all udlity lines and subterranean structures within the property receipt of written notice of such suspension. CLIENTS shall give lines of the Project site, and, if requested by MONTGOMERY MONTGOMERY WATSON not less than fourteen(14)days prior WATSON,adjacent properties. MONTGOMERY WATSON or written nodce of resumption of the Project. Upon resumption, its subcontractor(s) shall request responsible utility companies MONTGOMERY WATSON's Compensation shall be equitably and/or appropriate public authorities to locate any utility lines increased to compensate MONTGOMERY WATSON for expenses existing within public rights-of-way. incurred in the interruption and resumption of MONTGOMERY WAT'SON's Services,and the time of performance shall be extended. 18. A ESS (e) Upon termination of this Agreement by either party as to all or At CLIENTS' sole expense, CLIENTS shall provide to any Work Order(s), CI,IENTS shall pay MONTGOMERY MONTGOMERY WATSON access to the Project site and, to the WATSON its Compensation and other amounts payable under the extent necessary,adjacent properties owned by CLIENTS and/or applicable Work Order(s)for Services rendered and costs incuned others, at all reasonable times to enable MONTGOMERY up to the time of termination, as well as for terminadon of WATSON to complete the Services. CLIENTS shall be responsible MONTGOMERY WATSON's work and post-termination activities, for all costs and expenses incurred by MONTGOMERY WATSON including but not limited to winding up the Services in progress, as a result of denial or obstruction of or delay in access to the demobilization, decontamination and/or disposal of equipment and Project site at reasonable times requested by MONTGOMERY disposal and replacement of contaminated consumables. WATSON so long as MONTGOMERY WATSON provides notice at least one week prior to any change to access requirements from those provided by the schedule approved by the CLIEN'TS. 16. DISPUTE RESOLUTION:RECOVERY OF COSTS 19. SAMPLES (a) In the event that a legal action is brought by either party against the other for any cause arising out of or relating to the Services,this MONTGOMERY WATSON shall return samples to CLIENTS for Agreement,any Work Order or any Change Order,or the breach of final disposition,or,at CLIENTS'd'uection and solely on behalf of any thereof,the losing party shall pay the reasonable attorney's fees CI.IENTS, shall dispose of same at CI,IENTS'cost in accordance and costs incurred by the other party in maintaining or defending with applicable Laws regarding the handling,storage,transport and such action or proceeding. disposal of such materials,using CLIENTS'generator idendfication number, if required, which number CI.IENTS shall furnish to (b) CLIENTS shall pay MONTGOMERY WATSON at its rate MONTGOMERY WATSON upon request. Samples shall be the schedule then in effect for all time spent and costs incurred by property solely of CLIENTS,and this Agreement shall not confer MONTGOMERY WATSON personnel in connection with any court, on MONTGOMERY WATSON any right,title or interest therein. administrative or other legal proceedings arising from or reladng to Services provided under this Agreement (other than proceedings 20. OPINIONS OF COST described in Paragraph 16(a)or actions in which MONTGOMERY WATSON is required to indemnify Q.IENTS pursuant to Paragraph Except as otherwise agreed in writing by MONTGOMERY 13), regardless of whether MONTGOMERY WATSON is WATSON, any opinion of probable construction, operation, subpoenaed to appear at such proceedings by CLIEN"TS or a third maintenance and/or other costs provided by MONTGOMERY party. Q.IENTS shall be endfled to a credit against such fees for any WA'TSON with respect to labor,materials or services to be provided statutory witness fees paid to MONTGOMERY WATSON by to the Project by others is an estimate made on the basis of CLIEN'TS or any third party. MONTGOMERY WATSON's professional judgment at the time such opinion is rendered. MONTGOMERY WATSON does not wanant or guarantee that actual proposals,bids and costs will not vazy from any such opinions of probable costs.