|
<br />. .
<br />
<br />R. W. Heck and Associates
<br />
<br />PART III - STANDARD PROVISIONS
<br />
<br />2. The Client will limit any <,.nd all claims of
<br />the Client aga inst the Consulting Engineer, its part-
<br />ners, officers, agents, en,ployees or servants, to
<br />an aInount not to exceed the SUIn of the anlOunts
<br />paid to or on behalf of the Consulting Engineer as
<br />the proceeds of any a pplicahle insurance plu s the
<br />deductible amount of such insurance or $200,000,
<br />whichever is greater.
<br />
<br />3. In partial but specific consideration of the
<br />execution of this Agreement by the Consulting En-
<br />gineer, it is agreed that for an,ounts not reim-
<br />bursed by nor within the deductible amount of the
<br />insurance maintained by the Consulting Engineer,
<br />the Client shall indemnify the Consulting Engineer,
<br />its partners, officers, agents, employees and ser-
<br />vants against all expense or liability of any kind
<br />arising out of any claim for loss of life, bodily or
<br />personal injury, property damage or other loss
<br />from any cause related to the furnishing of the ser-
<br />vices covered by this Agreement, except the sole
<br />negligence of the Consulting Engineer.
<br />
<br />4. The Client and the Consulting Engineer
<br />shall not be liable to each other in any event for
<br />consequential damages, including but not limited to:
<br />interest (except as otherwise provided); loss of an-
<br />ticipated revenues, earnings or profits; increased
<br />expense of operations; or loss by reason of shut-
<br />down or non-operation due to late completion or
<br />otherwise.
<br />
<br />5. In the event of any payment of any kind by
<br />or on behalf of either party to this Agreement un-
<br />der the provisions of this paragraph entitled "Lia-
<br />bility" to or on behalf of the other party, the pay-
<br />ing party shall be subrogated to the extent of the
<br />amount of such payment to all rights and remedies
<br />of the other party against any third party regarding
<br />any matter to which such payment is pertinent.
<br />
<br />III. G.
<br />
<br />Suspension or Termination of Services
<br />
<br />The Client or the Consulting Engineer may
<br />suspend or terminate any or all services covered
<br />in this Agreement at any time upon written notice
<br />in which event the Client shall pay the Consulting
<br />Engineer for all services rendered and expenses
<br />incurred to the effective date of such suspension or
<br />te rmina tion.
<br />
<br />III. H.
<br />
<br />Contractor's Performance and Safety
<br />
<br />The Consulting Engineer shall not be re-
<br />sponsible: for safety on the Client's prenlise s or
<br />project site; for providing or assuring a safe place
<br />for the performance of the work; for safety precau-
<br />tions, programs or equipment; for construction
<br />means, n1ethods, techniques, sequences 01' proce-
<br />dures; nor for contractor's failure to perforn~ the
<br />work in accordance with the Contract Docunlents.
<br />
<br />III. I.
<br />
<br />Disposition of Documents
<br />
<br />Upon completion of the services provided
<br />under this Agreen,eni, the Consulting Engineer shall
<br />deliver to the Client one copy of all Reports, Spe-
<br />cifications and Contract Docun,ents and one trans-
<br />parency of each of the Drawings. The originals of
<br />all Reports, Specifications, Drawings and Contract
<br />Documents shall be retained by the Consulting En-
<br />gineer and upon request by the Client, the Consult-
<br />ing Engineer will furnish copies to the Client at ac-
<br />tual cost of duplication and mailing. If such Re-
<br />ports, Specifications, Drawings or Contract Docu-
<br />ments or reproductions thereof, or any other items
<br />relating to the services of the Consulting Engineer
<br />are changed in any way or used hy the Client for
<br />any other project or purpose, the Client shall in-
<br />demnify, defend and hold harmless the Consulting
<br />Engineer froln all loss, damage, liability or ex-
<br />pense arising out of such changes or use.
<br />
<br />Ill. J.
<br />
<br />Equal Opportunity
<br />
<br />The Consulting Engineer will not discrim-
<br />inate against any employee or applicant for employ-
<br />ment because of age, race, color, religion, sex,
<br />or national origin. The Consulting Engineer will
<br />take affirmative action to ensure that applicants
<br />are employed, and that employees are treated dur-
<br />ing employment, without regard to their age, race,
<br />color, religion, sex or national origin.
<br />
<br />III. K.
<br />
<br />Severability and Headings
<br />
<br />1. If any part of this Agreement, including,
<br />butnotlimitedto, any provision, paragraph, clause,
<br />phrase or words, is found to be in conflict with
<br />applicable laws, such part shall be inoperative,
<br />null and void insofar as it is in conflict with said
<br />laws, but the remainder shall be given full force
<br />and effect.
<br />
<br />2. The descriptive headings used in this
<br />Agreement have been inserted for convenience of
<br />reference only and shall in no way modify or re-
<br />strict any of the terms and provisions of this Agree-
<br />ment.
<br />
<br />III.L.
<br />
<br />Notice
<br />
<br />All notice:; relating to this Agreement shall
<br />be in written form delivered in person or by Reg-
<br />istered or Certified United States Mail, postage
<br />prepaid, to the Consulting Engineer or to the Client
<br />to the attention 0:': its chief executive officer at the
<br />last business address of the prin"cipal office of the
<br />addressee known to the sender.
<br />
<br />_ END OF PART III -
<br />
<br />III- 2
<br />
|