|
onnunign Envelope ID:raonuF1/+1rna-400A-9oAo-7AA*o1cocose
<br /> event any portion of an account remains unpaid 90 days after billing, the CLIENT shall pay all costs
<br /> of collection, including reasonable attorneys fees.
<br /> 2.2 In the event that any portion of an account remains unpaid 30 days after billing, GROUNDED may,
<br /> without waiving any claim or right against the CUENT, and without liability whatsoever to the CHENT,
<br /> suspend or terminate the performance of all services.
<br /> 3.0 Insurance
<br /> 3.1 GROUNDED shall secure and endeavor to maintain professional liability insuronce, commercial
<br /> general liability insurance to protect GROUNDED from claims for negligence, bodily, injury, death or
<br /> property damage which may arise out of the performance of GROUNDED's services under this
<br /> Agreement, and from claims under the Workers Compensation Acts. GROUNDED shall, if requested
<br /> in writing, issue certificate confirming such insurance to the CLIENT.
<br /> 4'0 Indemnifications
<br /> 4.1 The CLIENT shall indemnify and hold harmless GROUNDED and all of its personnel, from and against
<br /> any and all claims, damages, losses and expenses (including reasonable attorneys fees) to the
<br /> extent they are caused by the negligent act, error, or omissions by the CLIENT in performance of its
<br /> services under this Agreement, subject to the provisions in the paragraph below on Limitations of
<br /> Liability.
<br /> 4.2 GROUNDED shall indemnify and hold harmless the CLIENT and its personnel from and against any
<br /> and all claims, damages, losses, and expenses (including reasonable attorney's fees) to the extent
<br /> they are caused by the negligent act, error, or omissions by GROUNDED in performance of its
<br /> services under this Agreement, subject to the provisions in the paragraph below on Limitations of
<br /> Liability,
<br /> 5.0 Limitations of Liability
<br /> 5.1 In recognition of the relative risks, rewards and benefits of the PROJECT to both the CLIENT and
<br /> GROUNDED, the risks have been allocated such that the CLIENT agrees that, to the fullest extent
<br /> permitted by |nvv. GROUNDED's total liability to the CLIENT for any and all injuries, claims, |osses,
<br /> expensos, damages or claim expenses rising out of this Agreemenf, from any cause or causes, shall
<br /> not exceed the total sum paid on behalf of or to GROUNDED by its insurers in settlement or
<br /> satisfaction of Owner's claims under the Terms and Condition's of GROUNDED's insurance policies
<br /> applicable there to. Such causes include, but are not limited to. GROUNDED's neg|igenco, errors,
<br /> omissions, strict liability, breach of contract or breach of warranty,
<br /> 6.0 Reuse of Documents
<br /> 6.1 All documents including calculations, computer files, drovvings, and specifications prepared by
<br /> GROUNDED pursuant to this Agreement are instruments of professional service intended for the one-
<br /> time use in construction of this PROJECT. They are and shall remain the property of GROUNDED. Any
<br /> reuse without written approval or adaptation by GROUNDED is prohibited.
<br /> 7.0 Opinion of Probable Construction Costs
<br /> 7.1 GROUNDED's opinion of probable construction costs, if rendered as a service under this Agreement,
<br /> is based on assumed labor costs and approximate quantities of material and equipment, and
<br /> therefore is of a conditional character. GROUNDED cannot guarantee the cost of work to be
<br /> performed by others since market or bidding conditions can changes at any time and changes in
<br /> the scope or quality of the PROJECT may affect estimates,
<br /> 8.0 Mediation
<br /> 8.1 The parties hereby agree that, they shall endeavor to resolve their claims by mediation which, unless
<br /> the parties mutually agree otherwise, shall be in accordance with the construction industry
<br /> 404 P ).Box 3r1J2
<br /> RoIeigh.wC276 27
<br /> hitg^ � �
<br /> nit ww=��*ungou-nn{nno�mQzom ENGINEERING
<br />
|