|
209-477-2440 LJ. T_ HULL & CO.,/ PME
<br />Ll
<br />790 P14 JRN 28194 10:EjtD
<br />APPLIED SCIENCE AND ENGINEERING, INC. (ASE)
<br />TERMS AND CONDITIONS
<br />The attached proposal entitled, "Site Remediation Proposal," submitted to the Circuit Works Court
<br />Appointed Receiver (Owner/Client) is contingent upon the following terms and conditions:
<br />WARRANTY AND LIAIlIIM
<br />A description of the scope of services to be performed by ASE is attached and unless otherwise
<br />specified, Owner/Client warrants that to the best of Owner/Client's knowledge, Owner/Client has
<br />provided ASE with all documents and information in Owner/Cleat's possesion relating to the physical
<br />condition of the project site and surrounding area which could affect the scope of services to be
<br />performed.
<br />Owner/Client and ASE acknowledge and agree that any information respecting the site provided
<br />by Owner/Client to ASE is for the purpose of assisting ASE in its performance of the scope of services
<br />and the extent to which ASE shall rely on the accuracy of such information shall be left to the professional
<br />discretion of ASE. Owner/Client does not warrant the accuracy of any such Information_
<br />Owner/Client will assign an on-site project coordinator/contact for this project who will act on
<br />behalf of Owner/Clent.
<br />ASE shall defend, Indemnify, and hold Owner/Client and their officers, directors, employees,
<br />agents, and representatives (collectively the "Owner/Client Representatives") harmless against any
<br />liabilities, injuries, claims (including without limitation good faith settlements), demands, liens, losses,
<br />actions, jtidgements, damages, fees (including without limitation fees of attorneys, environmental
<br />consultants and their, subcontractors), or costa (including without limitation environmental response costs)
<br />(collectively "Liabilities') which are caused by or arise from the negligence or willful misconduct of ASE,
<br />its officers, directors, employees, agents, representatives, or subcontractors in connection with any services
<br />performed under this Agreement and Addendum, except to the extent that the Liabilities are caused by,
<br />or arise from the negligence or willful misconduct of the Owner/Client Representatives In connection with
<br />the work performed under this agreement.
<br />Owner/Client shall defend, indemnify, and hold ASE, its officers, directors, employees, agents,
<br />and representatives (collectively, the "ASE Representatives") harmless against any liabilities which are
<br />caused by or arise from the negligence or willful misconduct of Owner/Client and thein' officers, directors,
<br />employees, agents, and representatives in connection with work performed under this Agreement, except
<br />to the extent that Liabilities are caused by, or arise from negligence or willful misconduct of the ASE
<br />Representatives or ASE's subcontractors in connection with any work performed under this Agreement.
<br />The defense, indemnification, and hold harmless provision set forth herein shall survive the
<br />expiration, termination, or cancellation of the Agreement.
<br />ASS warrants that its services are performed, within the limits prescribed by Owner/Client, with
<br />the thoroughness and competence of the general engineering and environmental consulting professions,
<br />W accordance with the standard for professional services at the time services are rendered. ASE further
<br />warrants that it has all required training, permits, and licenses necessary to perform its obligations under
<br />this Agreement and Addendum. No other warranty or representation, either expressed or implied, is
<br />included or intended in its proposals, contracts, or reports.
<br />
|