COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

If CLIENT fails to pay invoiced amounts within thirty (30) calendar days of the date of the invoice. CONDOR may at any time, without waiving any other claim against CLIENT and without thereby incurring any liability to CLIENT. suspend this Agreement (as provided for in Section 8, Suspension) or terminate this Agreement (as provided for in Section 9, Termination). In the event legal action is initiated to enforce payment of any invoiced amounts under this Agreement, CLIENT agrees to pay reasonable expenses to collect payment, including court costs and attorney fees. Kooks of Account - CONDOR shall maintain books and accounts of all charges in accordance with generally accepted accounting principles. At all times during the performance of CONDOR's duties and for a period of one (1) year after completion thereof, C'LIEN'l shall, upon reasonable notice and during business hours, have access to said books and accounts to the extent necessary to verify all charges and costs of CONDOR Changed Conditions - CLIENT has relied on CONDOR's judgment in establishing the geotechnical engineering workscope and fee for this project, given the project's nature and risks. CLIENT shall therefore rely on CONDOR's judgment as to the continued adequacy of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to CONDOR. Should CONDOR call for contract renegotiation, CONDOR shall identify the changed conditions which in CONDOR's professional judgment make such renegotiation necessary. and CONDOR and CLIENT shall promptly and in good faith enter into renegotiation of this Agreement to permit CONDOR to continue to meet CLIENT's needs. if renegotiated terms cannot be agreed to. CLIENT agrees that CONDOR has an absolute right to terminate this Agreement. Prevailing Wage - Unless specifically stated in an approved Work Order, Condor will neither pay Prevailing Wage nor provide Certified Payroll. CLIENT understands that it is CLIENT's responsibility to notify CONDOR of any Prevailing Wage andor Certified Payroll requirements prior to work -scope and fee development. CLIENT is responsible for paying all back -wages, penalties and other costs associated with Prevailing Wage requirements that CONDOR was not notified of, in writing, prior to execution of this Agreement. CLIENT waives arty claim against CONDOR. and agrees to defend, indcmmfj and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's failure to pay Prevailing Wages unless CONDOR was specifically notified of the requirement to pay prevailing wages prior to or upon execution of this Agreement CLIENT also agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOWs current fee schedule and expense reimbursement policy. In accordance with the previous paragraph, the Work to be performed under this Agreement is designated as (select one and sign). ❑ Prevailing Wage (CLIENT -- Signature) ® Non — Prevailing Wage 4//J (CLIENT Sc) DELAYS In the event that CONDOR's field or technical work is interrupted due to causes beyond its control. CONDOR shall be compensated for the labor, equipment and other costs CONDOR incurs in order to maintain its workforce f6r CLILNTs benefit during the interruption, or at CLiENf's option, the various costs CONDOR incurs for demobilization and subsequent remobilization. Compensation to CONDOR shall be based upon CONDOR's current fee schedule and expense reimbursement policy. Except for the tihregoing provision. neither party shall hold die other responsible for dtunages or delays in performance caused by acts of God or other circumstances beyond the control of the other party. and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, acts of God and other circumstances include, but are not necessarily limited to, unusual weather, floods, epidemics, war, riots• strikes. lockouts or other industrial disturbances. protest demonstrations, unanticipated site conditions, or inability, despite reasonable diligence, to supply personnel, equipment or material to the project. Should such acts occur, CLIENT and CONDOR shall utilize their best efforts to overcome the resulting difficulties and resume conduct of services called for herein as soon as reasonably possible. Delays within the scope of this provision that cumulatively exceed forty- five (45) calendar days shall, at the option of either party, make this Agreement subject to renegotiation or termination. CON FIDENTIALI'M CONDOR agrees to keep confidential and not to disclose to any person or entity, other than CONDOR's employees and subcontractors. without the prior consent of CLIENT, all data and information not previously known to and generated by CONDOR, or furnished to CONDOR and marked CONFIDENTIAL by CLIENT in the course of CONDOR's performance hereunder, provided, however, that this provision shall not apply to data which are in the public domain, or wen previously known to CONDOR, or which were acquired by CONDOR independently from third panics not under any obligation to CLIENT W keep said data and information confidential. These provisions shall not apply to information in whatever form that conies into the public domain through no fault of CONDOR. nor shall they be interpreted to in any way restrict CONDOR from complying with an order to provide information or data when such order is issued by a court administrative agency or other authority with proper jurisdiction CHENT agrees that CONDOR may use and publish CLIENT's name and a general description of CONDOR's services with respect to the project in describing CONDOR's experience and qualifications to other clients and prospective clients. CLIENT also agrees that any patentable or copyrightable concepts developed by CONDOR as a consequence of its service hereunder are the sole and exclusive property of CONDOR. The technical and pricing information contained in any proposal submitted by CONDOR as to this project or in this Agreement or arty addendum thereto. is to be considered confidential and proprietary, and shall not be released or otherwise made available to any third pan% without the express written consent of CONDOR. Page 2 of 6 ttol_;� CONDOR