2025-045-E-AMS-MBP Carolina-Commissioning and Post Commissioning for Whitted Human Services

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Page 3 of 6 © MBP 2012. All Rights Reserved. (Revised 03 2022) 8. PROJECT SAFETY Except as to MBP’s own employees, MBP shall not be responsible for implementation of or comp liance with any safety programs for the project or for initiating, maintaining, monitoring, or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with other parties performing work at the project site. MBP shall not be responsible for the adequacy or completeness of any project safety programs, procedures, or precautions. 9. SITE OBSERVATIONS Although MBP shall document or otherwise report to the Client any defects or deficiencies in the work being performed of which it becomes aware, as a result of the inherent limitations of any site observations, it is understood that MBP cannot warrant or guarantee that all non-compliant conditions will be detected or corrected. As it is not in the best interest of the Owner that the presence or duties of Client, Owner or MBP personnel at a project site or otherwise should relieve the General Construction C ontractor or any of its trade subcontractors (hereinafter collectively referred to as the “Contractor”) of their obligations and responsibilities to the Client or Owner, it is understood that notwithstanding any Services provided by MBP under this Agreement: (a) MBP shall not supervise, direct or have control over any Contractor work; and (b) the Contractor remains responsible for (1) construction means, methods, techniques, and sequences, including but not limited to any required health and safety procedures (except that MBP shall be responsible for the safety of its own employees); and (2) strict compliance with any Owner Contract Documents or Owner Design Documents, including but limited to any project plans and specifications. 10. ENVIRONMENTAL HAZARDS The Client acknowledges that MBP shall have no responsibility for the detection, investigation, evaluation, abatement, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form that may be present in buildings, structures or otherwise at any project site. MBP and the Client have entered into this Agreement on the basis that any such hazardous materials or toxic substances are not present at any project site. 11. CERTIFICATIONS The Client will not require that MBP execute any certification with regard to work performed, tested or observed under this Agreement, unless MBP (1) believes that it has performed sufficient work to provide an adequate basis to issue the certification; (2) believes that the work performed, tested or observed meets the criteria of the certification; and (3) has reviewed and approved in writing the exact form of such certification prior to the execution of this Agreement. Any certification by MBP is limited to an expression of professio nal opinion based upon the Services performed by MBP and does not constitute a warranty or guarantee, express or implied. 12. INDEMNIFICATION The Client (as “Indemnitor”), agrees to indemnify and hold harmless MBP, its officers, directors, and employees (“Indemnitees”) from and against those actual direct damages and costs incurred by Indemnitees that the Indemnitees have been determined to be legally obligated to pay to third parties as a result of the death or bodily injury to any person or the destruction or damage to any property (including reasonable attorney fees recoverable under applicable law) to the extent proximately caused by the negligent acts, errors or omissions of the Indemnitor or anyone for whom the Indemnitor is legally liable. To the extent that any damages or costs are found to be caused by the joint or concurrent negligence of the Indemnitor, the Indemnitees or any third party, such damages and/or costs shall be borne by each party in proportion to such party’s negligence. 13. PROMPT NOTICE The Client will give prompt written notice to MBP whenever the Client observes or becomes aware of any development that affects the scope or timing of MBP’s Services. 14. FURNISHED DATA/SITE ACCESS In order for MBP to perform the Services requested, the Client s hall, at no expense to MBP, (1) provide all necessary data and information regarding the Client’s requirements, including but not limited to, previous reports, maps, surveys, and all other information necessary for MBP’s orderly performance of its Services ; and Docusign Envelope ID: 7CA4BC4F-3EF8-44C1-B1B9-12DF26878683