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<br />H. Construction Phase Services: If construction phase engineering or staking services are included in this Proposal or
<br />subsequently authorized, Client is notified that Bolton & Menk Inc. is not be responsible for means, methods, techniques or
<br />procedures of construction selected by any contractor employed on the project nor for the safety precautions or programs
<br />incident to the work of any contractor.
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<br />I. Ownership and Alteration of Documents: All documents, including reports, specifications, drawings, field data, notes and
<br />documents or electronic media prepared or furnished by Bolton & Menk Inc. under this agreement shall remain the property of
<br />Bolton & Menk Inc. The Client may make and retain copies for its use in connection with this project. However, such
<br />documents are not intended for reuse by the Client on any other project or alteration of the project by others without the written
<br />consent of Bolton & Menk Inc. Electronic media may be furnished for convenience of Client; however, only signed and
<br />certified hard copies of submittals may be relied upon as documentation of professional services provided.
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<br />J. Billings and Payments: Invoices for Bolton & Menk Inc.'s services shall be submitted, at Bolton & Menk Inc.'s option,
<br />either monthly or upon completion of services. Invoices are due and payable within 30 days after the invoice date. If the
<br />invoice is not paid within 30 days, Bolton & Menk Inc. may, without waiving any claim or right against the Client, and without
<br />liability whatsoever to the Client, terminate the performance of its services.
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<br />K. Late Payments: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the
<br />unpaid balance. If any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of
<br />collection, including reasonable attorney's fees.
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<br />L. Termination of Services: This agreement may be terminated, upon written notice, by the Client or Bolton & Menk Inc.
<br />should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay Bolton & Menk Inc.
<br />for services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
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<br />M. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client
<br />and Bolton & Menk Inc., the risks have been allocated such that the Client agrees that, to the fullest extent permitted by
<br />law, Bolton & Menk Inc.'s total liability to the Client for any and all injuries, claims, losses, expenses, damages or
<br />claimed expenses arising out of the performance of this agreement from any cause or causes, shall not exceed $4,900.
<br />Such claims include, but are not limited to, Bolton & Menk Inc.'s negligence, errors, omissions, strict liability, breach of
<br />contract, or breach of warranty, if any.
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<br />N. Dispute Resolution: Any claims or disputes made during or after the performance of services between Bolton & Menk Inc.
<br />and the Client, with the exception of claims by Bolton & Menk Inc. for non-payment of services rendered, shall be submitted to
<br />mediation and/or arbitration. This Proposal anticipates that Bolton & Menk Inc. and the Client will include a similar
<br />requirement in all agreements with contractors, sub-contractors, suppliers, consultants and fabricators concerned with this
<br />project.
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<br />o. Withdrawal of Proposal : This Proposal constitutes a non-binding offer to perform services and Bolton & Menk Inc.
<br />reserves the right to withdraw or modify this Proposal, without liability to the Client, at any time prior to receipt of written
<br />acceptance from the Client and execution of a signed agreement in accordance with Paragraph P.
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<br />P. Agreement: If the Proposal is accepted, the Client and Bolton & Menk Inc. may enter into and execute an Agreement
<br />incorporating the Proposal, these Terms and such additional terms and conditions as may be mutually acceptable to Bolton &
<br />Menk Inc. and Client. Upon request by the Client, Bolton & Menk Inc. may, at its sole discretion and for the benefit of the
<br />Client, proceed with any proposed services prior to execution of a written agreement. In the absence of an executed written
<br />agreement, the accompanying Proposal and these Terms of Proposal shall constitute the whole and complete agreement between
<br />Bolton & Menk Inc. and the Client.
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