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209-477-24417 bJ_ T_ HULL & CO-/' PME 790 P1B JHN`�"d4 110: b5 AZ5 . • .wruEa er�o+eE i,no wcwtaw+ouc ABE Terme and Conditions page 2 ASE shall be solely responsible for the working conditions and the safety of its own employees and crews utilized by ASE to perform the work under the Agreement and Addendum. As between Owner/Client and ASE, ASE shall be solely responsible for the health and safety of its workers and its subcontractors, and agrees to adhere to all applicable OSHA and California OSHA regulations and requirements. ASE agrees to comply with any and all federal, state, and local laws and valid rules or regulations of any legally constituted authority, including, but not limited to, any and all applicable environmental or labor laws and regulations thereunder, and agrees to indemnify, defend, and bold Owner/Client harmless from and against any and all liabilities arising from any violation by ASE, its agents, or subcontractors of any of the aforementioned laws, rules, or regulations. This agreement is contingent upon strikes, accidents, acts of God, or any other delay beyond ASFs control. ASE will take all reasonable precautions to avoid damage to property. Owner/Client agrees to defend, indemnify, and hold harmless ASE, its agents or subcontractors against any claims resulting from damage due to cave-in, collapse, settling, or any other damage incidental to the scope of services. ASE will use all reasonable means to identify the location of buried utilities on the project site. Au reasonable precautions will be taken to avoid damage to the utilities noted. Owner/Client agrees to defend, indemnify, and hold harmless ASE, its agents or subcontractors against any clai tins resulting from damage to underground utilities or structures. In the event either party brings an action to interpret or enforce the provisions of this Agreement or Addendum, the prevailing party to such action shall be entitled to recover its reasonable attornWs fees and costs incurred in connection therewith The performance of this agreement, except for the payment of money for services already rendered, may be terminated by either Owner/Client or ASE by seven (7) day written notice to the respective party specifying causes for termination. All written notices are to be sent via certified US. Mail. In the event that the Owner/Client requests termination of this contract prior to completion of the scope, of services, ASE reserves the right to complete such analysis and records as are necessary to protect the professional reputation of ASE and to complete a report on the work performed to date. A termination charge to cover the reasonable cost of all project work necessary to complete the scope of services as of the date of termination will be charged to the Owner/Client in no event shall the total termination charge exceed 100/c of the total written cost estimate pertaining to the contract. BILLING Invoices for services rendered under this contract will be issued as follows: The balance is due and payable upon completion of the scope of services, in accordance with this contract and once all services have been determined complete. Balances outstanding more than thirty (30) days after the invoice date are subject to a monthly charge of one and one-half percent (1-1/2%) per month. The pricing in the attached proposal is good for at least 60 days from the date received and is contingent upon the use of engineering and/or technical methods currently allowed by regulation.