ARCHIVED REPORTS_XR0005157 - Laserfiche WebLink

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_ r TERMINATION In the event that the Client requests termination of the work prior to completion of a report, Lush Geosciences reserves the right to complete such analyses and records which are necessary to place our files in order and, . where considered by us necessary to protect our professional reputation,to complete a report on the work performed to date A charge will be made to cover the cost of the termination work SITE INFORMATION The Client agrees to provide Lush Geosciences with all relevant site information which it possesses or of which it is aware regarding the performance of the assignment This is particularly important in the area of potential health and safety concerns which may exist on or near the project site �VAR.RANTY Lush Geosciences will strive to perform services within the limits prescribed by the Client, in accordance with generally accepted standards of professional practice for the project site at the time the protect is under way These services will be delineated in a Scope of Work which will be defined and mutually agreed upon It is understood that these standards of professional practice evolve over time and that Lush Geoscienc es cannot be responsible for its work's possible failure in meeting future standards It is also understood that the standards are not well established in some areas and that changes in standards in some areas, particularly the environmental field, can occur rapidly In such cases, Lush Geosciences will use its best judgment in applying standards to each project No other warranty, either express or implied, is included or intended in our proposals, contracts, reports, or other work products MUTATION F LIABILITY The Client agrees to limit the liability of Lush Geosciences to the Client and all construction contractors and subcontractors on the protect, arising from professional acts, errors, or omissions of Lush Geosciences, such that the total aggregate liability(including any and all attorney and expert fees) of Lush Geosciences to all those named shall not exceed $50,000 or the total fee of Lush Geosciences for the services rendered on the project, whichever is greater In no event shall Lush Geosciences be responsible for consequential damages incurred by the Client or its subsidiaries, successors, or assignees The Client further agrees to require of the contractor and his subcontractors an identical limitation of the liability of Lush Geosciences arising from the damages suffered by the contractor or the subcontractor arising from the professional acts, errors, or omissions of Lush Geosciences The above limit of$50,000 can be increased to $250,000 upon payment of a surcharge of$500 or 5% of total billings,whichever is greater The election to pay the surcharge and increase the liability limit must be made in writing at the commencement of the protect work All references to Lush Geosciences also refer to the agents, subcontractors,and employees of Lush Geosciences INDEMMEICATION Except to limit the liability noted above,the Client agrees to indemnify, hold harmless, and pay the costs of defending Lush Geosciences, its agents, subcontractors, and employees, including time and expen,,es incurred by Lush Geosciences, from and against all liabilities arising out of the work performed on the project assignment, and/or from conditions on the project site SXIBSURFACE The Client is responsible for accurately delineating the locations of all subterranean structures and utilities Lush Geosciences will take reasonable precautions to avoid known subterranean obstructions The Client waives any claim against Lush Geosciences and agrees to indemnify and hold Lush Geosciences, its agents, subcontractors, and employees,harmless from any claim or liability for injury or loss,and pay the costs of defense including time charges and expenses incurred by Lush Geosciences arising from damage done to subterranean structures or utilities not identified or accurately located by the Client