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' GENERAL CONDITIONS Article I-Consultants Services. Consultant will be obligated to provide such services as are described above. The Consultant's Services will be performed in accordance with generally accepted Professional practices and standards for the locality in which the services are provided and for the intended use of the project at the time such services are performed, and the Consultant makes no other warranty either expressed or implied. Article II-Client's Responsibilities. The Client shall provide complete and accurate and timely information regarding its requirements for the project. The Client shall examine documents or other instruments of service submitted by Consultant and shall render any decisions necessary promptly in order to avoid unreasonable delay. The Client shall also provide any additional services, other than those which Consultant is responsible to provide, which are reasonable and necessary to complete the project, including but not limited to accurate and complete surveys, geotechnical engineering services, testing services and inspection, and reports required by law. When necessary,the Client shall also arrange for access to the project site so that the Consultant can perform his work. Article III.Ownership of Documents. Drawings, specifications, and any other instruments of service to be provided by Consultant shall remain the property of Consultant and shall not be used by the Client on any other project or for completion of this project by others without the written authorization of Consultant. Article IV-Successors and Assigns. The Client and Consultant each bind themselves, their successors, and assigns to the agreement. Neither Client nor Consultant shall assign or transfer its interests in this agreement without prior written consent of the other. Article V-Miscellaneous Provisions. A. Neither party shall hold the other responsible for damages or delays in performance caused by acts of God,strikes, lockouts,accidents,or other events or conditions beyond the other party's control. B. In the event any provisions of this agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provisions,term,condition,or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. C. This agreement may be terminated by either party upon seven days written notice in the event of substantial failure of the other party to perform in accordance with the terms of this agreement. D. This agreement and any subsequent Professional Services Work Orders constitute the entire agreement between the parties and there are no conditions,agreements, or representations between the parties except as expressed in said documents.It is not the intent of the parties to this agreement to form a partnership or joint venture. E. All claims, disputes, and other matters in question between the parties to this agreement,arising out of or relating to this agreement, or the breach thereof,shall be submitted to non-binding Mediation under the auspices of a mutually agreed upon Mediation Service experienced in handling construction related disputes prior to initiation of any lawsuit or other litigation unless the parties mutually agree otherwise. The cost of said Mediation shall be split equally between the parties. This agreement to mediate shall be specifically enforceable under the prevailing law of the jurisdiction in which this agreement was signed. F. The Consultant shall have no responsibility for the discovery, presence,handling, removal or disposal of,or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products,polychlorinated biphenyl(PCB),or other toxic substances. G. Client agrees and covenants to limit the liability of the Consultant, their subconsuitants, and all of their employees, agents, and officers (hereinafter the Consultant) to the Client and to all construction Contractors and Subcontractors on the project arising from the Consultant's performance or non-performance of this agreement, such that the total aggregate liability of the Consultant to all those named shall not exceed $50,000.00 or the Consultant's total fee for the services rendered on this project, whichever is greater. The Client further agrees to require of said Contractors and all Subcontractors a similar limitation of the liability of the Consultant and of the Client, to said Contractors and Subcontractors due to the Consultant's performance or non-performance of this agreement. Neither Consultant or Client shall be liable to the other for consequential or indirect damages of any kind. H. Fees for engineering services rendered shall be considered due and payable upon receipt of invoice. Invoices not paid within thirty(30)days of the date of the invoice shall bear a service charge from the date of the billing of one and one-half percent(t%%)per month on the unpaid balance. 09246\w-dWgreement.doc Page 2 of 2 Siegfried Engineering,Inc.