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<br />WJE
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<br />STANDARD TERMS AND CONOITIONS
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<br />Page 1 of2
<br />2 August 2004
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<br />These Standard Terms and Conditions shall continue in full force and effect during, and after the
<br />completion or termination of, Wiss, Janney, Elstner Associates, Inc. or WJE Engineers &
<br />Architects, P.C. (WJE) employment. These Standard Terms and Conditions shall control any
<br />conflicting term or condition unless WJE agrees otherwise in writing.
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<br />PERFORMANCE
<br />WJE and its employees will exercise the degree of skill and
<br />care expected by customarily accepted practices and
<br />procedures. No warranties, expressed or implied, are made
<br />with respect to WJE's performance, unless agreed to in
<br />writing. WJE is not a guarantor of the project to which its
<br />services are directed, and its responsibility is limited to work
<br />performed for the client. WJE is not responsible for acts" or
<br />omissions of the client, nor for third parties not under its
<br />direct control. WJE shall not be liable for any reason for any
<br />special, indirect or consequential damages including loss of
<br />use and loss of profit. WJE will take reasonable precautions
<br />to minimize any damage to the client's property during
<br />conduct of any WJE field work and testing. The client
<br />understands that in the nonnal course of this type of work
<br />some damage may occur, liability for which damage is not
<br />part of this agreement. WJE may rely upon information
<br />supplied by the client engaging WJE, or the contractors or
<br />consultants involved, or infonnation available from generally
<br />accepted reputable sources, without independent
<br />verification. WJE services are being perfonned solely for
<br />client's benefit and no contractor, subcontractor, supplier,
<br />fabricator, manufacturer, tenant, occupant, consultant, or
<br />other third party shall have any claim against WJE as a
<br />result of its services.
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<br />WJE shall not have control over or charge of and shall not
<br />be responsible for construction means, methods,
<br />techniques, sequences or procedures, or for safety
<br />precautions and safety programs in connection with the
<br />project, since these are solely the responsibility of others.
<br />WJE shall not be responsible for the contractor's schedules
<br />or failure to carry out the project in accordance with contract
<br />documents. WJE shall not have control over or charge of
<br />acts or omissions of the contractor, subcontractor, or their
<br />agents or employees, or of any other non-WJE persons
<br />perfonning portions of the project.
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<br />USE OF REpORTS, DRAWINGS AND ELECTRONIC MEDIA
<br />WJE retains ownership of letters, reports, drawings,
<br />specifications, photographs, test data, notes and other work
<br />product it has created. These. documents or parts thereof
<br />may not be reproduced in advertisements, brochures, or
<br />sales material, nor used by the client for any purpose other
<br />than the purpose for which they were prepared, nor by third
<br />parties, without the written pennission of WJE. Conclusions
<br />by WJE based on test results are limited to the specific
<br />conditions for which the tests were perfonned. In the event
<br />that WJE work product is stored or transmitted by some
<br />fonn of electronic media, the client agrees that WJE shall
<br />not be held liable for the completeness, transmission,
<br />accuracy or longevity of these materials, nor for misuse
<br />thereof.
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<br />PROPOSALS
<br />Proposals expire 120 days after submission to a client
<br />unless a different expiration limit is included in the proposal.
<br />WJE may withdraw or modify a proposal at any time prior to
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<br />acceptance by the client. All fees and expenses quoted in
<br />proposals or stated in invoices are exclusive (net) of local or
<br />county excise and other business or business license taxes.
<br />The client represents it is aware of all such taxes and shall
<br />reimburse WJE upon presentation by WJE of the cost of
<br />such taxes by an invoice within one year of completion of
<br />services.
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<br />CLIENT DUTIES
<br />In order for WJE to perfonn the services requested, the
<br />client shall, at no expense to WJE, (1) provide all necessary
<br />information regarding client's requirements as necessary for
<br />orderly progress of the work, (2) designate in writing a
<br />person to act as client's representative for services to be
<br />rendered under this Agreement, which person shall have
<br />authority to transmit instructions, receive instructions and
<br />information, interpret and define client's policies and
<br />requests for WJE's services, and (3) provide access to and
<br />make all provisions for WJE to enter, without cost, limitation
<br />or burden to WJE, publicly or privately owned property as
<br />required to perform the work, including the use of scaffolds
<br />or similar mechanical contrivances.
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<br />SAFETY
<br />Field work of WJE will be perfonned only under conditions
<br />deemed safe by WJE personnel. Charges may be made for
<br />safety or security measures required by hazardous job
<br />conditions. WJE is not responsible for the safety of other
<br />persons or property.
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<br />HAZARDOUS MATERIALS
<br />If WJE encounters, or reasonably suspects that it has
<br />encountered,-hazardous materials in the project, WJE shall
<br />cease activity on. the. project and promptly notify the client..
<br />The client shall initiate action, where appropriate, to identify
<br />and investigate the nature and extent of hazardous
<br />materials in the project and to abate and/or remove the
<br />same as may be required by federal, state or local statute,
<br />ordinance, code, rule, or regulation now existing or
<br />hereinafter enacted or amended. Unless otherwise specially
<br />provided in writing, the services to be provided by WJE do
<br />not include identification of hazardous materials, and WJE
<br />has no duty to identify or attempt to identify the same within
<br />the area of the project.
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<br />It is further understood and agreed that services WJE will
<br />undertake for the client may be uninsurable obligations
<br />involving the presence or potential presence of hazardous
<br />materials. Therefore, the client agrees, except (1) such
<br />liability.as may arise out of WJE's sole" negligence in the
<br />perfonnance of services under this agreement or (2) to the
<br />extent of insurance coverage available for the claim, to hold
<br />harmless, indemnify and defend WJE and its employees,
<br />subcontractors and agents from and against any and all
<br />claims, lawsuits, damages, liability and costs, including but
<br />not limited to, CCists of defense, arising out of or in any way
<br />connected with the presence, discharge, release, or escape
<br />of hazardous materials. This indemnification applies only to
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