RES 89309 - Laserfiche WebLink

9. Standard of Car~ Services performed by the Consultant under this Agreement will be conducted in a manner consistent with that ievei of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions, No other warranty, expressed or implied, is made. Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, or explorations are made by the Consultant and that the data, interpretations and recommendations of the Consultant acre based solely on the information available to him. The Consultant will be responsible for those data, interpretations, and recommenda- lions, but shall not be responsible for the interpretation by others of the information developed. 10. Insurance The consultant represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that consultant has such coverage under public liability and property damage insurance policies which the consultant deems to be adequate. Certificates for all such policies of insurance shall be provided to client upon request in writing. 11. Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. in the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, Consultant may complete such analyses and records as are necessary to complete his files and may also com- plete a report on the s~rvices performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of Consultant in completing such analyses, records and reports. 12. Assigns Neither the Client nor the Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other parzy. 13, Notice to Prope~y Owner If bills are not paid in full for the labor, services, equipment, or materials furnished or to be ,furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of Owner's property being so improved may be placed against the property even though Owner has paid his contractor in full. Owner may wish to protect himself against this cbn- sequence by (1) requiring contractor to furnish a signed release by the person or firm giving this notice before making payment to contractor, or (2) any other method or device which is appropriate under the circumstances. 14, Discovery of Unanticipated Hazardous Materials Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CONSULTANT agrees to notify CLIENT as scan as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. CLIENT encourages CONSULTANT to take any and all measures that in CONSULTANT's profes- sional opinion are justified to preserve and protect the health and safety of CONSULTANT's personnel and the public. CLIENT agrees to compensate CONSULTANT for the additional cost of working to protect employees' and the public's health and safety. In addition. CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify and save CONSULTANT harmless from ~ny claim or liability for injury or loss arising from CONSULTANT's discovery of unanticipated haT.,~rdous materials or suspected hazardous materials. CLIENT also agrees to compensate CONSULTANT for any time spent and expenses incurred by CONSULTANT in defense of any such claim, with such compensation to be based upon CONSULTANT's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. In the event the project is not owned by CLIENT, CLIENT warrants that he has obtained all necessary permissions for CONSUL- TANT to enter onto the site and conduct subsurface exploration activities. CLIENT recognizes that it is his responsibility to inform the property o~'ner of the discovery of unanticipated hazardous materials or suspected hazardous materials. CLIENT also recognizes that any such discovery may result in a significant reduction of the propeny's value. CLIENT waives any claim against CONSULTANT. and agrees to defend, indemnify and save CONSULTANT harmless from any claim or liability for injury or loss of any type arising from CONSULTANT's discovery ofunanticipated hazardous materials or suspected h~zardous material on a site not owned by CLIENT.