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GENERAL TERMS & CONDITIONS
<br />1.0CONTRACT
<br />a.The foregoing Proposal and these General Terms and Conditions b.Client will immediately transmit to NTI any new information that
<br />constitute the contract (hereinafter, "Contract") between Northern becomes available to Client or Client's contractors or subcontractors,
<br />Technologies, LLC, (hereinafter, "NTI") and the party signing the so that recommended actions can be reviewed.
<br />Client Authorization (hereinafter, "Client") c.Client will provide a representative to answer questions about the
<br />b.If Client directs NTI to proceed with Services (as defined below) prior project when required by NTI upon 24-hour notice.
<br />to execution of this Contract, or if Client allows NTI to continue with d.Client will not hold NTI liable for any incorrect advice, judgment, or
<br />Services after having received this Contract, it is understood that decision based on any inaccurate information furnished by or on
<br />each party is bound by the terms and conditions of this Contract behalf of Client, and Client will indemnify NTI against liability arising
<br />whether or not Client has signed this Contract. out of or contributed to by such information.
<br />2.0SERVICES e.NTI shall be entitled to additional compensation for all extra work
<br />a.NTI will provide Client with the services specified in the Proposal caused by or resulting from the failure of the information provided
<br />(hereinafter, "Services" or "Scope of Services") in accordance with to accurately describe the Site conditions.
<br />the Contract's terms. Services enumerated in writing in the Contract f.With the exception of those speci
<br />are considered Basic Services. Services not specifically enumerated Scope of Services, Client shall timely obtain all necessary permits,
<br />in writing in the Contract are not included in the scope of NTI's governmental approvals and access agreements to allow NTI and its
<br />Services and are not NTI's responsibility. agents access to the Site and any buildings thereon.
<br />b.Should the need arise for NTI to expand our services in response to g.Client is responsible for notifying property owner(s) of the nature,
<br />conditions or events outside our control, NTI would, under
<br />direction, submit a separate proposal providing such Additional that may occur during the execution of said work.
<br />Services. Additional Services are not included under Basic Services nor h.Client shall provide reasonable safe access to the proposed location
<br />are they covered by the compensation for Basic Services. of work including but not limited to slopes, distance from unities,
<br />c.NTI will provide Services to Client as an independent contractor and removal of site obstructions, etc.
<br /> 5.0NTI RESPONSIBILITIES
<br />d.NTI shall have no responsibility for the discovery, presence, handling, a.NTI will perform its Services consistent with the level of care and skill
<br />removal or disposal of, or exposure of persons to, hazardous ordinarily exercised by members of the geotechnical and materials
<br />materials or toxic substances in any form at the project site. If, while testing profession currently practicing under similar conditions (the
<br />performing the Services any hazardous substances or conditions are "Standard of Care"). No warranty of any kind, expressed or implied,
<br />discovered or encountered that pose unanticipated risks or costs, it is made by NTI.
<br />is agreed that the scope of Services, time schedule and the b.NTI will be responsible for its data, interpretation and
<br />estimated Contract costs shall be reconsidered and that this recommendations, but will not be responsible for interpretation by
<br />Contract may, at NTI's option, be re-negotiated or terminated. If the others.
<br />Contract is so terminated, Client shall pay NTI for the Services c.NTI will take reasonable precautions to prevent damage to property.
<br />performed up to the date of termination plus NTI's reasonable However, unless specifically included in the Scope of Services NTI
<br />termination and demobilization costs and expenses. will not be responsible for the repair or cost of repairs of property
<br />e.If NTI's performance of the Services is delayed by Client or by any including but not limited to pavements, turf, walks, vegetation,
<br />other circumstance beyond NTI's direct and reasonable control, then utilities, irrigation, buildings or any other site improvements.
<br />the time for NTI's completion of the Services shall be automatically 6.0INSURANCE
<br />extended based upon the duration and impact of each such delay a.
<br />and NTI shall be entitled to additional compensation from Client property damage, and errors and omissions insurance policies, which
<br />3.0GENERAL RESPONSIBILITIES NTI considers adequate. In addition to any other limitations set
<br />a.NTI shall not be responsible for the performance of any activity or forth in this Contract, it is agreed that in no event will NTI be
<br />obligation other than the Services specified in the Contract, and NTI's responsible for loss, damage or liability beyond the limits and
<br />performance shall not be construed as relieving Client or any third conditions of NTI's available insurance. NTI will not be responsible
<br />party of their responsibilities. NTI shall have no responsibility for, or for any loss or liability arising from the negligence of Client or by
<br />any liability pertaining to: (1) the superintending, supervising, or other persons or entities employed by Client.
<br />directing of the work of any independent contractor, agent or 7.0COMPENSATION
<br />employee of Client or any third party; or (2) the results or a.e or an estimate based
<br />consequences of work performed by any such independent on set rates. Unless specifically stated in the Proposal Client
<br />contractor, agent or employee of Client or any third party; or (3) any acknowledges that the fee estimate will not be construed to be a
<br />claims or allegations of rights by any person or party other than maximum or not to exceed amount.
<br />Client relating to NTI's Services; or (4) for job site safety at the b.NTI will submit invoices to client monthly, and a final invoice upon
<br />location which is the subject of this Contract (hereinafter, "Site"). completion of Services. Invoices will show charges based on current
<br />b.NTI will be responsible for obtaining only those government permits, NTI Fee Schedule or other basis agreed upon in writing. A detailed
<br />approvals and authorizations that are specified in the Scope of
<br />Services of the Contract. NTI is not responsible for project delays, request.
<br />s failure to issue said c.Client shall notify NTI immediately if there are any issues relatingto
<br />permits in a timely fashion. the invoice format, amounts, name of responsible party or any other
<br />c.Unless otherwise expressly agreed by NTI afactors preventing payment of the invoice as submitted.
<br />performance of its Services is solely and exclusively for the benefit of d.
<br />the Client and no party other than Client shall be entitled to rely subject to retainage.
<br />upon any documentation, representation, report, statement or e.Unless specifically stated in the Proposal, payment of invoices for NTI
<br />service made or performed by NTI. Services shall not be contingent upon project financing or payments
<br />4.0CLIENT RESPONSIBILITIES received by the Client from other parties.
<br />a.Client will make available to NTI all known information regarding f.The Client will pay the balance stated on the invoices unless Client
<br />existing and proposed requirements which affects the work, notifies NTI in writing of the particular item that is alleged to be
<br />including but not limited to: specifications, contracts, incorrect within fifteen (15) days from the invoice date. NTI will
<br />recommendations, plans and change orders.
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