|
Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money
<br /> previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its
<br /> Work.
<br /> If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such
<br /> review shall be for the limited purpose of checking for conformance with the information given and the
<br /> design concept. The review of submittals is not intended to determine the accuracy of all components, the
<br /> accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in
<br /> construction, and those responsibilities remain exclusively with the Client's contractor.
<br /> ARTICLE 9— HAZARDOUS MATERIALS
<br /> Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and
<br /> agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or
<br /> disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are
<br /> defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and
<br /> which may be found or identified on any Project which is undertaken by Consultant.
<br /> The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from
<br /> and against any and all claims, losses, damages, liability and costs, including but not limited to costs of
<br /> defense, arising out of or in any way connected with, the presence, discharge, release, or escape of
<br /> hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not
<br /> apply to such liability as may arise out of Consultant's sole negligence in the performance of services under
<br /> this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants
<br /> specifically identified by the Client and included within Consultant's services to be provided under this
<br /> Agreement.
<br /> ARTICLE 10—INSURANCE
<br /> Consultant has procured general and professional liability insurance. On request, Consultant will furnish
<br /> client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable
<br /> policy limits.
<br /> ARTICLE 11 —TERMINATION OR SUSPENSION
<br /> If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services
<br /> are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant,
<br /> Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its
<br /> option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in
<br /> this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things,
<br /> such delay or suspension and reactivation and the fact that the time for performance under this Agreement
<br /> has been revised.
<br /> This Agreement may be terminated by either party upon seven (7) days written notice should the other
<br /> party fail substantially to perform in accordance with its terms through no fault of the party initiating the
<br /> termination. In the event of termination Consultant shall be compensated for services performed prior to
<br /> termination date, including charges for expenses and equipment costs then due and all termination
<br /> expenses.
<br /> This Agreement may be terminated by either party upon thirty (30) days' written notice without cause.
<br /> Consultant shall upon termination only be entitled to payment for the work performed up to the Date of
<br /> termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data
<br /> files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium
<br /> whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining
<br /> to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client
<br /> upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating
<br /> responsibility or liability between the Client and Consultant shall survive the completion of the services
<br /> hereunder and/or the termination of this Agreement.
<br /> Exhibit A—GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION,REMEDIATION OR ASSESSMENT 02.12.20-MN
<br /> Page 3
<br />
|