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<br />1.7
<br />Cliie�nit wiill immediateiv transmit to TCT anv new information
<br />which becomes a%aillable to it or its subcontractors, so that
<br />recommendled actions can he reviewNed.
<br />1.3 Client %vil] pro ide a representative to answer questions about
<br />the project when required by TC'T upon 24 hours notice,.
<br />1.4 TCT will not be liablle for anv incorrect advice. jud8ment, or
<br />decision based on anv inaccurate) iniformation furnished by
<br />Client. and Cl i el nt will) i nd em n iiv TCT against I i a b i I it y a, ii ng out
<br />of or contributed to law- such Information,
<br />SECTION 2: SAMPLES
<br />TCT will retain representative samples for 30 days after submisi-
<br />s,ion of TCT report. Upon request by Client. 5amiplels can be,
<br />shipped charges colllect. to destination selected by Chent: or
<br />TC'T can store, there for an agreed storage charge.
<br />SECTION 3: FEE PAYMENT
<br />3.1 TCT will submit involices, to c,liienit monthil•. and a final iinw °oice
<br />upon completion of ser0cels. lnw -oices swill shows, charges
<br />ba�led on current TCT Fee, Schedule or other agreed upon basilc%.
<br />A detailed separation of charges and backup dlaita vvill be pro-
<br />ided at Client's request.
<br />3.211 The Client will pav the halaince stated on the invoice unles-C,
<br />Client notifiec. TC'T in writing of the particular item that Is al-
<br />leged to by Incorrect w-► it hin, fifteen 413, dav-5 frnmi the ins nice
<br />date.
<br />3. Raivment I%. due opon receipt of inkoice, and is Past due ten
<br />(110) dill from in% oiic e date. Or. past due accounts Client will)
<br />pav inleresi at 1. i- Ir i per month, or the maxim um allowed by
<br />la%v. In the event of iii1gation, Client %vilill pav T'CT interest on
<br />all past dune tea lainoes.
<br />3. In the event Client fails tai i pav TCT %%Ahin sixtv 16,01, dav�s follow-
<br />ing inxiolice date TCT ma% consider the deliaiult a total breach
<br />of this, agrele�ment and all duties of TCT undleir this agreement
<br />terminated.
<br />SECTION 4.- OWNERSHIP OF'DOCUMiE'NT'S
<br />4.1 All documents prepared by TCT ais instruments lot services will
<br />remain the property of TCT,
<br />4.2 Client agrees that ai111 reports and other work furnished to the
<br />Cllient or his agents which are not paid for', will be returned
<br />upon demand and will not be used by the Client for aniy
<br />purpose.
<br />4.3 T'CT will retain all pertinent records concerning, services per-
<br />formed for a period of t\,%,o (2) years after the report is sent: duiring,
<br />that tirne. the recoirdls ",411 be made available to the Cllient dur-
<br />ing, TC'T's normal business hours.
<br />Client will pay all reasonable litigation expenses or collection,
<br />expenses Inc lludinig attorney fees that TCT incurs in c,olllecting
<br />any delinquent amount Client owes under thiis Agreement.
<br />SECTION 7:11 LIMITATION OF LIABILITY
<br />7.1 TCT's liabilitlyto the Client and all contractors and ..ubcoinitrac-
<br />toirs, on the protect. for darnages due to professional negligence,
<br />negligence or breach of any other cibiligattion to Client or others,
<br />will be (limited to an, amount not to exceed 550.000 or the TCT
<br />fee, whichever is greater. In, the event Client d'oels, not wish to
<br />limit TCT's liability, TCT will waive thiis limitation on written
<br />notice, from the Client received within 10 days after this agree-
<br />menit is fully executed or before the wolr,k is commenced-
<br />whichever is earlier, and Client %,%,ill pay, additional considera-
<br />liion equal to 10% of the total fee as a charge, for a Walver of
<br />Limitation on Liability, This charge is not a charge for, insurance
<br />but is an increase in con s,idler,a,t -ion, for the greater risk, Inx ol% ed
<br />where work is performed with no, llimiitaition ofliabillay.
<br />7.2 Client will notify any, contractor or Subcontractor who perior
<br />work in connection with any work done biv TCT of the limita,
<br />tion of liability for design defects, errors., omissions or profes-
<br />sional negligence. and to require as a condition precedent to
<br />their performing their wv vork. a like indern nitv and It m itati'lo n of
<br />I ia, b i I itv ,on t h le i r pai rt a, s against TCT. In t hie event the C I tent fail.,
<br />to obtain a like limitation and indemnity. Client agree!- to in-
<br />demil TCT for anv liability to aniv third partv.
<br />SECTION8: INSURANCE
<br />8.1 TCT \Ai,iill carry workers, cormpiensat,ion insurance, ands Public
<br />habill1tv and property damage insurance policies, wA,,hiich T'C'T con-
<br />siders adequate. Certificates of insurance will be provided to
<br />client upon request, Within the limits and conditions of the in-
<br />siuirancel, TCT agrees to indemnify Client against any loss. TCT
<br />will not be resiponsibl'e for liability beyond the llimits and con-
<br />ditions of' the insurance. TCT will not be resipoinsible for an\
<br />loss, or I iabill ity, arising from negligence by client or by other con-
<br />sultants, employed by client.
<br />SECTION 9: TERMINATION
<br />9.1 This Agreement mav be terminated by either part\, upon sew en
<br />(7) days written notice, if there is substantial failure by the other
<br />party to performs. Termination will not be effective if'substan-
<br />I ia, I fa i lu re is remed ied before expiration of the seven days. Upon
<br />termination, TCT wiilll be plaid for services, plus reasonable ter,-
<br />ruination expenses.
<br />9.2 If the contract is terminated prior to completion olf atl reports
<br />cont�em plated by this Agreement,, or suspended for more than,
<br />three month5, TCT may complete ain�alvises and records as are
<br />necessary to complete its files and mav also complete a repo�'-
<br />on the services performed. Termination or su�spension expenseS,
<br />will linclude direct costs of completing analyses. record� and
<br />reports.
<br />SECTIONI 10: ASSIGNS
<br />101.1 Nleit'her party may assign duties or interest in this Agreement
<br />without t1lip vvrittill (-Ople'llinni ni the otner nartv.
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