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Versaon l 1-30-98
<br />Terms vf Proposal
<br />Bolton & Menk, Inc,
<br />EContinued)
<br />H. Constr�ction Phase Services: If eonstruction phase engineering or staking se�-vices are included in this Proposal or
<br />subsequently authorized, Client is notif ed that Bolton & Menk Inc. is not be responszble for mea�s, meihods;
<br />techniques or procedures of construction selected by any contractor employed on the project nor for the safety
<br />precautions or progra�ns incideni to tkte work of any contractor.
<br />1. Ownership and Alteration of Docurnents: All documenEs, including reports, specifications, drawings, �eld data,
<br />notes and documents or e]ectronic media prepared or furnished by Bolton & Menk Inc. uncfer this agreement shall
<br />reinain Ehe property of Bolton & Menk Inc. The Client may make and retain copies for its use in connection with this
<br />project. However, such documents are not inten�ed for rease hy the Client on any other praject or alteratio�i of the
<br />project by others without the written consent of Bolton & Menk Tnc. Electronic media may be �urnisF�ed for
<br />corivenience of Client; however, only signed and certified hard copies of submittals rnay be relied e�pon as
<br />doc�rnentation af professiona� se�vices provided.
<br />,�. �illings and Payments: lnvoiees for Bolton & Menk Inc`s services sha11 be stabmitted, at Bolton & Menk Inc's
<br />option, either monthly or upon corr�pletion of services. lnvoices are due and payabie wittiin 30 days after the invoice
<br />daEe. If the invvice is not paid within 30 days, Bolton & Menk Inc. may, witho�t waiving any claim or righE agai�st Ehe
<br />Client, ancf withoat liability whatsoever to the Client, ternunate the performance of its services.
<br />K. Late Paymenis: Accounts unpaid 30 cfays afEer the im�oice date will be subjeet to a monthly service charge of
<br />]_5%o on the unpaid balance. Tf any portion or a31 of an accouflt remains unpaid 90 days after biliing, the Ciient shal}
<br />�ay alI costs of collection, incl�c�ing reasonable attorney's fees.
<br />L. Termination of Services: This agreement may be terminated, u�on written notice, by the Client oF Boltan & Men�C
<br />Inc. should the other fail to per�'orm its abligations hereunder. In Fhe event of termination, the C)ient sha21 pay Bolton
<br />& Menk Inc. for services rendered to the date of termination, all reimbursable expenses, an� reimbursable terrr►ination
<br />expenses.
<br />M. I,irraitation of Liability: In recognition of the relative risks, rewards and benefits of the project !a both the
<br />Client and Bolton & Menl� lnc., the risks have been allocated such that the Client agrees that, to the fullest
<br />extent permitted by law, Solian & Menk Inc's total liability to the Clie�t for any and all injuries, claitns, losses,
<br />expenses, daxnages or claimed expenses arising out of the performance af this agreement from any eause or
<br />causes, shal� not exceed $1G,900. Such claimis include, but are noi �imited to, �o�ton & Menk Inc's negligence,
<br />errors, omrssions, strict Iiability, breach of con#ract, or breach of warranty, if any.
<br />N. Dispute Resolafion: Any claims or dispEiEes made during or after the performance of services 6etween Botton &
<br />Menk Inc. and t�e Clienl, with Ehe exception o� claiens by Bolton & Menk �nc, for non-payment of services rendered,
<br />shall be subrnitted to mediation and/or arbitration. This Proposal anticipates that Bolton & Menk I�c. and the Ciient
<br />will include a similar requirement in a�l agreements with contracto�•s, suh-contractors, suppliers, consu]tants and
<br />fabricators concerned with this project.
<br />O. With�rawad of Proposal : Tl�is Proposal eonstitUtes a non-binding offer to perform services and Bolton & Menk
<br />lnc_ reserves the righc to withdraw or modify this Proposal, without liability to the CiienE, at any time pi�ior to receipt of
<br />written acceptance from Ehe Client and exec�►tion c�f a signed agreement in accordance with Paragraph P.
<br />P. Agree►nent: If the Proposal is accepted, �he Client and BoIton & Menk lr�c. may enter inEo ancf execute an
<br />Agreemer�t incorporating the Proposal, these Terms and sue6 additional terms ancE conditions as may be mutually
<br />acceptable to Bolton & Menk Inc. and Clzent. Upan request by the Client, Bolton & Menk Ine. may, at its soIe
<br />discretion and For the benefit of the Client, proceed w�th any proposed services prior to exeeution of a written
<br />agreement. In the absence of an executed written agreement, the accornpa�ying Proposal and these Terms of Proposal
<br />st�ail constit�ite the whole and compleEe agreement between Bolton & Menk 3nc_ and the Client.
<br />Page 2 of 2- Terms of Proposal
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