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� • 21.• , NOTICE OF LIEN RIGHTS 24. MISCELLANEOUS I�
<br /> MONTGOMERY WATSON HEREBY NOTIFIES CLIENTS (a)MONTGOMERY WATSON does not act as CLIENTS'agent or I'
<br /> THAT TI-� MECHANIC'S LIEN LAWS OF MOST STATES employee but rather, as an independent contractor.
<br /> PROVIDE THAT PERSONS,COMPANIES OR CONSULTANTS MONTGOMERY WATSON shall be solely responsible for the
<br /> FiJRNISHING LABOR, MATERIALS OR SERVICES compensation, benefits, contributions and taxes, if any, of its
<br /> INVOLVING CONSTRUCTION ON 'CLIEN"TS' PROPERTY, employees and agents.
<br /> INCLUDING THOSE WHO CONTRACT DIRECTLY AND
<br /> INDIRECTLY WTTH CLIENTS AND ALL CONTRACTORS, (b)In perfornung Services under this Agreement,MONTGOMERY
<br /> SUBCONTRACTORS AND MATERIALMEN, IF NOT PAID, WATSON agrees not to discriminate against any employee or
<br /> HAVE LIEN RIGHTS AGAINST TT� CLIENTS' PROPERTY, applicant because of race,religion, marital status, age,color, sex,
<br /> INCLUDING ALL BUILDINGS SITUATED TT3EREON. sexual preference,handicap,national origin,or ancestry.
<br /> CLIENTS SHALL GIVE MONTGOMERY WATSON A COPY
<br /> OF EACH NOTICE OF LIEN OR CLAIM FOR LIEN RECEIVED (c) This Agreement shall be binding on the heirs, administrators,
<br /> BY CLIEN'TS FROM ANY SUBCONTRACTOR OR personal representatives, successors and permitted assigns of the
<br /> MATERIALMAN ENGAGED BY MONTGOMERY WATSON OR pazties hereto.'Il�is Agreement shall not be assigned by either party
<br /> ANY OF ITS SUBCONTRACTORS. without first obtaining the written consent of the other, which
<br /> consent shall not be unreasonably withheld or delayed.
<br /> 22. CLIEN"TS REPRESENTAT'IVES MONTGOMERY WATSON may subcontract Services to others
<br /> after obtaining CLIENTS'consent,but such subcontracting shall not
<br /> CLIENTS SHALL designate by written notice,a person or persons relieve MONTGOMERY WATSON of liability hereunder.
<br /> to act as CLIENTS'representadve with respect to the Services to be
<br /> rendered under this Agreement. Such person shall have complete (d) Except for communications in the field regarding on-site
<br /> authority to approve changes in the scope of Services and associated performance, any notices required or permitted under this
<br /> Compensation, transmit instructions, receive information and Agreement shall be in writing delivered personally,or by overnight
<br /> interpret and define CI.IENTS'policies and decisions with respect to courier or certified mail,return receipt requested,to the signatories
<br /> MONTGOMERY WATSON's Services for the Project. CLIENTS of this Agreement at the addresses set forth herein or such other
<br /> may change their designated representative by written notice to person(s)and address(es)as the parties may designate in writing by
<br /> MONTGOMERY WATSON. notice given as provided in this paragraph. Notices shall be
<br /> effective as of the date of delivery if delivered personally,the first
<br /> 23. SPECIAL TERMS AND CONDITIONS business day after sending if sent by overnight courier, or two
<br /> business days after deposit in the U.S.mails if sent by certified mail.
<br /> (a) Occupational Health and Safety. If a MONTGOMERY
<br /> WATSON representative observes any employee of any contractor (e) The terms and conditions set forth herein and in the Work
<br /> or subcontractor engaging in an act or procedure which could result Orders, Change Orders and other documents incorporated herein
<br /> in injury or death,and same persists after it is brought to CI.IENTS' and therein by reference, including but not limited to the written
<br /> attenaon, then upon nodce to CLIENTS, MONTGOMERY proposal issued by MONTGOMERY WATSON, consdtute the
<br /> WATSON shall have the right to cease all work on the Project by entire understanding of the parties relating to the Services of
<br /> MONTGOMERY WATSON and its subcontractors undl the MONTGOMERY WATSON. This Agreement may be amended
<br /> condidon is corrected. MONTGOMERY WATSON shall not be only by a written instrument signed by each party. In the event of
<br /> liable for any cost or expense resulting from such work stoppage,and any inconsistency between this Agreement and the provisions of
<br /> CLIENTS waive any claim against MONTGOMERY WATSON any purchase order,requisition,notice to proceed or like document
<br /> with respect to same. regarding the Services,this Agreement shall control.
<br /> (b) Personnel. MONTGOMERY WATSON shall not subsdtute (�If any provision of this Agreement shall be finally determined to
<br /> personnel and subcontractors unless the substitution is approved by be invalid or unenforceable, in whole or in part, the remaining
<br /> CLIENTS. provisions shall remain in full force and effect. 1fie parties agree to
<br /> reform this Agreement to replace any such invalid or unenforceable
<br /> (c)Coqperation with Other Entities. MONTGOMERY WATSON provision with a valid and enforceable provision that expresses the
<br /> shall cooperate with any oversight consultants retained by any of the intention of the stricken provision.
<br /> CLIENTS and provide copies of any information and data in its
<br /> possession requested by the oversight consultants. MONTGOMERY (g)Except as otherwise provided or limited in this Agreement,the
<br /> WATSON shall also furnish personnel, services, materials and provisions of this Agreement shall survive the completion of the
<br /> equipment to assist any community relations activities undertaken by Services, payment in full of MONTGOMERY WATSON's
<br /> the CI.IENTS. MONTGOMERY WATSON shall also cooperate Compensation,and termination of this Agreement.
<br /> with and make submittals to the Illinois Environmental Protecdon
<br /> Agency("IEPA")pursuant to the direction of the CLIENTS and as (h) As to each separate Work Order, this Agreement shall be
<br /> appropriate under any program authorized or administered by IEPA. governed by and interpreted pursuant to the laws of the State in
<br /> which[he applicable Project site is situated.
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