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RECD
<br />MAR 2 q 2016
<br />ENVIRONMENTAL HEALTH
<br />If CLIENT fails to pay invoiced amounts within thirty (30) calendar days of the date of tho� CO -rat any time, without
<br />waiving any other claim against CLIENT and without thereby incurring any liability to CLIE sut-spen� this I�greement (as provided for in
<br />Section 8, Suspension) or terminate this Agreement (as provided for in Section 9, Termination). In the event legal action is initiated to enforce
<br />payment of any invoiced amounts under this Agreement. CLIENT agrees to pay reasonable expenses to collect pnyment, including court costs
<br />and attorney fees.
<br />Books of Account - CONDOR shall maintain books and accounts of all charges in accordance with generally accepted accounting principles.
<br />At all times during the performance of CONDOR's duties and for a period of one (1) year after completion thereof, CLIENT shall, upon
<br />reasonable notice and during business hours, have access to said books and accounts to the extent necessary to verify all charges and costs of
<br />CONDOR.
<br />Chanacd Conditions - CLIENT has relied on CONDOR's judgment in establishing the geotechnical engineering workscope and fee for this
<br />project, given the project's nature and risks. CLIENT shall therefore rely on CONDOR's judgment as to the continued adequacy of this
<br />Agreement in light of occurrences or discoveries that were not originally contemplated by or known to CONDOR. Should CONDOR call for
<br />contract renegotiation, CONDOR shall identify the changed conditions which in CONDOR's professional judgment make such renegotiation
<br />necessary, and CONDOR and CLIENT shall promptly and in good faith enter into renegotiation of this Agreement to permit CONDOR to
<br />continue to meet CLIENTS needs. If renegotiated terms cannot be agreed to. CLIENT agrees that CONDOR has an absolute right to terminate
<br />this Agreement.
<br />Prevaihn_ Wave - Unless specifically stated in an approved Work Order, Condor will neither pay Prevailing Wage nor provide Certified
<br />Payroll. CLIENT understands that it is CLIENT's responsibility to notify CONDOR of any Prevailing Wage and/or Certified Payroll
<br />requirements prior to work -scope and fee development. CLIENT is responsible for paying all back -wages, penalties and other costs associated
<br />with Prevailing Wage requirements that CONDOR was not notified of, in writing, prior to execution of this Agreement. CLIENT waives any
<br />claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly
<br />arising from CONDOR's failure to pay Prevailing Wages unless CONDOR was specifically notified of the requirement to pay prevailing
<br />wages prior to or upon execution of this Agreement CLIENT also agrees to compensate CONDOR for any time spent or expenses incurred by
<br />CONDOR in defense of any such claim, in accordtutce with CONDOR's current fee schedule and expense reimbursement policy.
<br />In accordance with the previous paragraph, the Work to be performed under this Agreement is designated as (select one and sign):
<br />❑ Prevailing Wage
<br />(CLIENT Signature) /
<br />® Non -Prevailing Wage) �"�-? �✓
<br />(CLIENT Sigpature)
<br />DELAYS %
<br />In the event that CONDOR's field or technical work is intemrpted due to causes beyond its control, CONDOR shall be compensated for the
<br />labor, equipment and other costs CONDOR incurs in order to maintain its workforce for CLIENTS benefit during the interruption, or at
<br />CLIENTS option, the various costs CONDOR incurs for demobilization and subsequent remobilization. Compensation to CONDOR shall be
<br />based upon CONDOR's current fee schedule and expense reimbursement policy. Except for the foregoing provision. neither party shall hold
<br />the other responsible for damages or delays in performance caused by acts of God or other circumstances beyond die control of the other party,
<br />and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, acts of God and other circumstances
<br />include, but are not necessarily limited to, unusual weather, floods, epidemics, war, riots, strikes, lockouts or other industrial disturbances,
<br />protest demonstrations, unanticipated site conditions, or inability, despite reasonable diligence, to supply personnel, equipment or material to
<br />the project- Should such acts occur, CLIENT and CONDOR shall utilize their best efforts to overcome the resulting difficulties and resume
<br />conduct of services called for herein as soon as reasonably possible. Delays within the scope of this provision that cumulatively exceed forty-
<br />five (45) calendar days shall, at the option of either parry, make this Agreement subject to renegotiation or termination.
<br />CONFIDENTIALITY
<br />CONDOR agrees to keep confidential and not to disclose to any person or entity, other than CONDOR's employees and subcontractors,
<br />without the prior consent of CLIENT, all data and information not previously known to and generated by CONDOR or furnished to CONDOR
<br />and marked CONFIDENTIAL by CLIENT in the course of CONDOR'S performance hereunder. provided, however, that this provision shall
<br />not apply to data which are in the public domain, or were previously known to CONDOR, or which were acquired by CONDOR independently
<br />from third parties not under any obligation to CLIENT to keep suid data and information confidential. These provisions shall not apply to
<br />information in whatever Porn that comes into the public domain through no fault of CONDOR, nor shall they be interpreted to in any way
<br />restrict CONDOR from complying with an order to provide information or data when such order is issued by a court, administrative agency or
<br />other authority with proper jurisdiction. CLIENT agrees that CONDOR may use and publish CLiENTs name and a general description of
<br />CONDOR's services with respect to the project in describing CONDOWs experience and qualifications to other clients and prospective clients.
<br />CLIENT also agrees that any patentable or copyrightable concepts developed by CONDOR as a consequence of its service hereunder are the
<br />sole and exclusive property of CONDOR.
<br />The technical and pricing information contained in any proposal submitted by CONDOR as to this project, or in this Agreement or any
<br />addendum thereto, is to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party
<br />without the express written consent of CONDOR.
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<br />CONDOR
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