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TERMS ' '
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<br />I. Limitation of Liability and Waiver on Condition
<br /> In performing professional services, BSK & Associates thereinafter referred to as "Consultant") will use that degree of care
<br />and skill ordinarfiy exercised~ under similar circumstances, by reputable members of the profession practicing in the same or similar
<br />locality. No other warranty, expressed or implied is made or intended by the proposal for professional services or by furnishing
<br />oral or written reports of the findings made. Unless special arrangements are made in writing, prior to commencement of work,
<br />it is agreed that the Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against the
<br />"Consultant" on account of any design defect, error, omission, or professional negligence to a sum not to exceed S50,000, or the
<br />amount of his fee, whichever is greater. Further, the Client agrees to notify any contractor or subcontractor who may perform
<br />work in connection with any design, report, or study prepared by the "Consultant" of such limitation of liability for design
<br />defects, errors, omissions, or professional negligence, and require as a condition precedent to their performing the work a like
<br />limitation of liability on their part as against the "Consultant." In the event the Client fails to obtain a like limitation of liability
<br />provision as to design defects, errors, omissions, or professional negligence, any liability of the Client and the "Consultant" to
<br />such contractor or subcontractor arising out of an alleged design defect, error, omission, or professional negligence shall be allo-
<br />cared between the Client and the "Consultant" in such a manner that the aggregate liability for the "Consultant" for such design
<br />defect to all parties, including the Client, shall not exceed $50,000 or the amount of the "Consultant's" fee, whichever is greater.
<br /> Hazardous Waste Liability: In consideration of the unavailability or limitation of Professional Liability Insurance for services in-
<br />volving or relating to the hazardous waste elements of this agreement. it is further agreed that unless liability arises by virtue of the
<br />sole negligence or intentional acts of the consultant, the client shall indemnify and hold harmless consultant and their subcontractors,
<br />agents and employees from and against all claims, damages, losses and expenses, direct or indirect. or consequential damages, losses
<br />and expenses, direct or rodgreet. or consequential damages, including but not limited to fees and charges of attorneys and court arising
<br />out of or resulting from the performance of the work by engineer, or claims against engineer arising from the work of others, related
<br />to hazardous waste activities.
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<br />2. Disputes
<br /> In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and
<br />should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred
<br />in the defense of the claim, including staff time, court costs, attorneys' fees, and other claim-related expenses.
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<br />3. Warranty of Authority to Sign
<br /> The person signing this contract warrants he has authority as, or on behalf of, the Client for whom or for whose benefit the
<br />"Consultant's" services are rendered. If such a person does not have such authority, he agrees that he is personally liable for all
<br />breaches of the terms and bases rot the Consultant's services, a~d that in any action against him for breach of such warranty, a
<br />reasonable attorney's fee shall be included in any judgment rendered.
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<br />4. Righi of Entry
<br /> The Client will provide for right of entry of the Consultant and all necessary equipmem, in order to complete the work.
<br /> While Consultant will take all reasonable precaut!ons to minimize any damage to the property, it is understood by Client
<br />that in the normal course of work some damage may occur, the correction of which is not part of this Agreement.
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<br />5. Utilities
<br /> in the prosecution of his work, the Consultant will take all reasonable precautions to avoid damage or injury to subter-
<br />ranean structures or utilities.
<br /> The Client agrees to hold the Consultant harmless for any damages to subterranean structures which are not called to Con-
<br />sultant's attention and correctly shown on the plans furnished.
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<br />6. Samples
<br /> All samples of soil and rock will be destroyed 30 days after submission of our report unless the Client advises us otherwise.
<br />Upon request, the Consultant will deliver samples to the Client, charges collect, or will store them for the Client for an agreed
<br />storage charge.
<br /> Unless Client and Consultant enter into an agreement indicating otherwise. Consultant will retain contaminated samples for no
<br />more than 30 days after Consultant issues to Client a document indicating information derived from the samples. It is Client's respon-
<br />sibility to select and arrange for disposal procedures; that is procedures which encompass removing the contaminated samples from
<br />Consultant's custody and transporting them to a lawful disposal site.
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<br />7. Payment
<br /> Invoices for Consultant's services will be submitted at his option, not more often than once a month. Invoices will be mailed
<br />to the Client and will be due immediately, but will not be delinquent if paid on or before the 30th day following the date of the
<br />invoice. If payment is not so made, under provisions of this agreement, a late payment FINANCE CHARGE will be computed at
<br />the periodic rate of .833~'0 per month, which is an ANNUAL PERCENTAGE RATE OF 100r0, and will he applied to any unpaid
<br />balance commencing 30 days after the date of the original invoice. If suit if filed, a reasonable attorney's fee, to be set by the
<br />court, shall be included in any judgment in ConsultanUs favor.
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<br />8. Ownership of Documents
<br /> Reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by
<br />the Consultant, as instruments of service, shall remain the property of the Consultant.
<br /> Client agrees that reports and other work furnished to the Client or his agents, which is not paid for, will be returned upon
<br />demand and will not be used by the Client for any purpose whatever.
<br /> The Consultant will retain pertinent records relating to the services performed for a period of five years following submission
<br />of the report, during which period the records will be made available to the client at reasonable times.
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