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Proposal for Façade Consulting
<br />The Gateway Center
<br />228 Churton St.
<br />Hillsborough, NC 27278
<br />BECS #20250551
<br />August 27, 2025
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<br />BECS is now a Lerch Bates Company
<br />Firm License Number: P-2493 WeAreBECS.com · LerchBates.com 7.6. Equipment survey will be limited to safely accessing operating equipment and equipment areas.
<br />7.7. Construction Observation:
<br />7.7.1. BECS shall visit the site at intervals appropriate to the state of construction, or as otherwise agreed to in writing by the
<br />Client and BECS, to observe the progress and quality of the Work completed by the Contractor. Such visits and observations
<br />are not intended to be an exhaustive check nor a detailed inspection of the Contractor’s work but rather are to allow BECS
<br />to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in
<br />accordance with the Contract Documents. Based on this general observation, BECS shall keep the Client informed about
<br />the progress of the Work and shall advise the Client about observed deficiencies in the Work.
<br />7.7.2. If the Client desires more extensive project observation or full-time project representation, the Client shall request that
<br />such services be provided by BECS as Additional Services in accordance with the terms of this Agreement.
<br />7.7.3. BECS shall not supervise, direct, nor have control over the Contractor’s work nor have any responsibility for construction
<br />means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety
<br />precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor
<br />in accordance with the Contract Documents.
<br />7.8. Services Excluded: BECS has offered a scope of services which its judgment is needed and required for a successful project
<br />outcome. Such services are not offered on a phased or a-la-carte basis. In the event Client does not authorize all services offered,
<br />Client assumes full responsibility for interpretation of the BECS deliverables.
<br />7.9. Matters Outside Parties’ Control: Client acknowledges that BECS, by undertaking this engagement, assumes no obligation nor
<br />responsibility to Client or its employees, guests, customers, suppliers, or vendors, nor any other person whatsoever, for
<br />prevention or mitigation of property damage, personal or bodily injury, loss detention, or delay caused by accidents, strikes,
<br />lockouts, and any other cause including those resulting from force majeure.
<br />7.10. Schedule: BECS will perform its services as expeditiously as is consistent with professional care and diligence. BECS shall not be
<br />responsible nor liable for any loss, damage, detention, or delay caused by accidents, strikes, lockouts, or by any other ca use
<br />which is unavoidable or beyond BECS’s control, to include any event for consequential damages of any kind or nature.
<br />7.11. Consequential Damages: Notwithstanding any other part of this Agreement, and to the fullest extent permitted by law, neither
<br />the Client nor BECS, their respective employees, agents, or subconsultants, shall be liable to the other Party for any incide ntal,
<br />indirect, or consequential damages arising out of or connected in any way to the Project or this Agreement. This mutual waiv er
<br />of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of
<br />reputation, and any other consequential damages that either party may have incurred, whether caused by negligence, breach of
<br />contract, express or implied warranty, or any other theory.
<br />7.12. Use of Equipment: BECS shall have no responsibility for property damage or personal or bodily injury occurring while in, on, or
<br />about the equipment which is the subject of this agreement, or for the consequences of such damage or injury.
<br />7.13. Code Opinions: Client acknowledges that BECS’s recommendations, interpretations, opinions, and conclusions regarding
<br />requirements of applicable codes, ordinances, laws, and regulations shall be based on the current versions of said authoritie s as
<br />they exist at the time of the site review and may not reflect versions existing before or after the date of the review.
<br />7.14. Maintenance: Client also acknowledges that preventive maintenance is required on all mechanical and electrical systems to
<br />assure safe, proper, and consistent operation of the equipment, and that as between Client and BECS said preventive
<br />maintenance is Client’s sole responsibility.
<br />7.15. Client Information: Client is responsible for providing, at its expense, to BECS such information as may be necessary to fac ilitate
<br />BECS’s services herein; BECS shall be entitled to rely on all Client-supplied information being current, complete, and accurate
<br />regardless of the original source.
<br />7.16. Corporate Protection: It is intended by the parties to this Agreement that BECS’s services in connection with the Project sh all
<br />not subject BECS’s individual employees, officers, or directors to any personal legal exposure for the risks associated with this
<br />Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s so le
<br />and exclusive remedy, any claim demand or suit shall be directed and/or asserted only against BECS, a Colorado corporation, a nd
<br />not against any of BECS’s individual employees, officers, or directors.
<br />7.17. Limitation of Liability and Indemnity:
<br />7.17.1. In recognition of the relative risks and benefits of the Project to both the Client and BECS, the risks have been allocated
<br />such that the Client agrees to limit the liability of BECS and its employees to the Client for any and all claims, losses, co sts
<br />and damages of any nature whatsoever arising from BECS’s work on the Project, including but not limited to additional
<br />services not referred to in the parties’ contract, so that the total aggregate liability of BECS and its employees to the Cli ent
<br />shall not exceed BECS’s total fees for work on the Project or $50,000.00, whichever is greater. It is intended that this
<br />limitation shall apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by
<br />law.
<br />7.17.2. BECS shall not be liable for Client’s employees or agents who accompany BECS while in or on Client’s property. Client agrees
<br />to indemnify and hold harmless BECS, its employees, officers, directors, subsidiaries and consultants from and against any
<br />Docusign Envelope ID: FC887B74-13D0-4575-BB1C-E4A9D8E29E85
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