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ATC Client Services Agreement 2015
<br /> 28.THIRD-PARTY CLAIMS Client agrees to pay ATC's costs The validity, interpretation, and performance of this Agreement
<br /> (including reasonable atromey's fees) for defending ATC against shall be governed by and construed in accordance with the laws of
<br /> any claims that a third party or a regulatory agency asserts against the state in which the Site is located. Any legal action arising cut
<br /> ATC related to the Services that were provided to Client. Clams of this Agreement shall be via ed in a court of competent
<br /> include legal actions by a third party or a regulatory agency that are jurisdiction within the stateand county ofthe Site
<br /> based upon the discoveries, findings or concluciar, disclosed in
<br /> documents or reports supplied to Client by ATC. No waiver by either party of any default by the other party in the
<br /> performance of any provision of this Agreement shall operate as or
<br /> 20. SUBPOENAS The Client is responsible for payment of be construed as a waiver of any fumne default,whether hike or
<br /> ATC's time and expenses resulting firm ATC's response in different in character.
<br /> subpoenas issued by any party, involving any legal or
<br /> administrative proceeding in which ATC is not named as a parry, ATC is solely responsible for the perfrmaram of this Agreement,
<br /> in connection with any Services performed under this Agreement, and no parent, subsidiary or affiliated company, or any of its
<br /> Charges are based on tee schedules in effect at the tune the directors, officers, employees, or agents shall have any legal
<br /> subpoena is served. ATC shall not objecton Client's behalf to any responsibility whether in contract or tort,including negligence.
<br /> subpoena,but will make reasonable efforts to cooperate with Client
<br /> if Client chooses to object. ATC GROUP SERVICES ENC.
<br /> 30. TERMINATION OF CONTRACT This Agreement may be /�
<br /> terminated by either party upon seven Q) days written notice BY:
<br /> provided
<br /> Irk-- Fcbmy-a-
<br /> provided that any incomplete o unfinished Service Order will
<br /> remain in effect until completed[ unless otherwise agreed to in PRINTED NAME: Jeanne Homscv.P.E.
<br /> writing In the event of termination or suspension, by the Cli®q
<br /> ATC shall be paid for Services performed prior to the termination TITLE: Branch Manager
<br /> date plus reasonable termination and suspension expenses.
<br /> 37. ASSIGNMENT Neither the Client nor ATC may assigv , or DATE: July 9.2019
<br /> transfer its benefits, rights, duties, or interest in this Agreement
<br /> without the wrutenconsentof theother parry. This Agreement shall
<br /> be binding on and mine to the benefit ofthe successors and assigns CLEEENT:
<br /> ofthe parties (Pew autlourroJ to execute cmtrac a)
<br /> 32. FORCE MAJEURE Neither Client nor ATC Shat hold the BY.g
<br /> other responsible for damages or delays in performance caused
<br /> by uncontrollable events, which could not reasonably have been PRINTED NAME:
<br /> anticipated or prevented, including but not limited to, ads of God,
<br /> the public enemy,acts ofthe Government ofthe Unted States or of TITLE:
<br /> the several states, or any foreign country, or any of them acting
<br /> in their sovereign capacity,materially different Site conditions, wars, DATE:
<br /> riots, terrorism, rebellions, sabotage, fires, explosions, accidents,
<br /> floods, stokes, or other conceded acts of workers, lockouts,or
<br /> dosages in laws,regulations,or ordinances
<br /> 33. GENERAL PROVISIONS The captions and headings
<br /> dmoughout this Agreement are for convenience only and do not
<br /> define,limit,modify,or add to the meaning of any provision of this
<br /> Agreement If any provision of this Agreement is in conflict with
<br /> any provision of the Service Order,the terns and coraltions of this
<br /> Agreement alai prevail unless the conflict concerns the scope of
<br /> Services to be provided. If any provision shall to any extent be
<br /> deemed invalid, it aba0 be modified if eros b]c to fulfill the intent
<br /> of the parties as reflected in the original provision and the
<br /> remainderofthis Agreement sball not beatfeted.
<br /> This Contract Dacument represents the entire understanding between
<br /> the parties and supersedes any and all prior contract whether
<br /> written or oral. Nothing contained in this Contract Document
<br /> shall be construed to be for the benefit of any persons not a party
<br /> to this Agreement.No third party beneficiary rights are created.
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