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WESTON GZVERAL TERMS AND CONDMONS( wed)
<br /> WESTON will,upon request,furnish approprientinsuraaco certificates 14. WESTON Employees, CLIENT shall not offer to employ or
<br /> to CLIENT. WESTON agrees to indemnify CLIENT for the hazards actually employ any WESTON empicyee assigned to the Work d'ur%g tht
<br /> covered by WESTON's insurance subject to the limitation of liability term of this Agreement or for a period of six(6)months alter completion cf
<br /> contained in Article 13. WESTON agrees to purchase whatever additional ibis Agreement. CLIENT agrees that WESTON may utdire employees c-
<br /> inantairce is requested by CLIENT(presuming such insurance is available) any of WESTONs subsidiary companies and affiliates in the performance
<br /> from carriers acceptable to both Parties, provided the costs (including of this Agreement.
<br /> WESTON's admi tisrrative costs)for such additional insurance aro rein- 15. Coundeadality, WESTON shall maintain as confidential and nor
<br /> bursed by CLIENT. disclose to others without CLIENT's prior wrinen consent,any informatio_
<br /> 12. Indemnity.It is understood and agreed that,in seeking the pmfes- ordocummis obtained from CLIENT txpressly designated by the CLIENT
<br /> sional services of WESTON under this Agreement, CLIENT may be is writing to be"CON MLiTIAI-"WESTON retailing all contract files fc:
<br /> requesting WESTON to underteke tnninsurable obligations for CLTENT's thttt(3)yeats fallowingcompletion ofServicea(Ste Article l7below).Tht
<br /> benefit involving the presence or potential presence of hazardous sub. provisions of this paragraph shalinot apply toinformationinwbateverform
<br /> stances. Therefore, WESTON's indematfieatiou of CLIENT &hall not which(a)ispublishedorcomes into the public domain,(b)isalready known
<br /> include loss or damage wising out of orrelatiug to hazardous wasta handling, to or by the receiving Parry(c)is ftunished by or obtained from a third pan,
<br /> transportation,treatment,storage, disposal,or cleanup or other Environ- who is under no obligation to keep the information confidential,or(d)is
<br /> mental Liability.' Subject to the foregoing and the limitation of liability required to be disclosed by law on order orpursuanttoasubpoemofaeotltt,
<br /> contained inArticla 13 hereof,WESTON shall indemnify CLIENT for loss administrative agency or other authority with proper jurisdiction.
<br /> or damage caused by the sole professional negligence,errors or omissions of NorvitmVilldiag anything to the contrary Set forth herein,itisunder-
<br /> WESTON in the performance of the Work under this Agreement stood by CLIENT that WESTON is or may be subjetr to certain legal and
<br /> When and to the extent WESTON arranges on behalf of the CLIENT ethical considerations and obligations depending upon the nature and scope
<br /> for the handling,transportation,treatment,storage or disposal of hazardous of ativicm tendered limundw which may require WESTON to disclose
<br /> substances or wartes,CLIENT shall release,indenhnify,hold harmless and facts observed by WESTON to third parties.in such event,WESTON shall
<br /> defend WESTON trom any and all claims, demands,judgments or other advise CLIENT,but shall,subject to any legal or professional obligatioau
<br /> liability associated with such activity except if transported solely by determined by WESTON's counsel to immediately disclose such facts,
<br /> WESTON. Any manifests or forms in connection with such activity shall refrain from making any such disclosure until WESTON and CLIENT
<br /> be executed by or in the name of CLIENT. The parties do not intend have conferred with respect to such facts.If,for any reason the Parties are
<br /> WESTON to be a gene[ator of transporter of such limatdous substances in tmabletoconferorifWESTONbalievas on theadvice of counsel that itmust
<br /> the performance of the Work hereunder. disclose such facts, WESTON shall notify CLIENT of its intention to
<br /> CLIENT hereby indemnifies and holds harmless(inclocintg reasonable disclose suchinformstionpriorto acetal disdosnretothirdparties.Anysueb
<br /> anomeys'fees)WESTON and any employee or agent against all liability to disclosure shall not be deemed a violation of this Agreement and CLIE.\'T
<br /> third parties(other than liability solely the fault of WESTON)arising from agrees that WESTON shall be and is hereby released from any babiliry,
<br /> or in connection with the violation of any third party's trade secrets, claim or cause of action whatsoever with respect to such disclosure,
<br /> proprieraryinforatadon,trademark,copyright,orpmentrightsin connection CLIENT apt"that WESTON may use and publish CLLEN"T'scame
<br /> with the performance of the Work hereunder. CLI£NT's obligation to and a general description of WESTON's services vein respect to the Work
<br /> indemnify WESTON or any employee or agent thereof will survive the in describing WESTON's experience and qualifications to other clients and
<br /> expiration or termination of this Agreement by either party for any reason. potential clients.
<br /> WESTON shall promptly notify CLIENT of any third parry claim bmown WESTON's technical and pricing information contained in the Pro-
<br /> to WESTON and CLIENT may,at its option,conduct the defense of any poral or Agreement is confidential proprietary information constituting a
<br /> such third party action and WESTON&hall cooperate with such defense. trade secret and is not to be disclosed of otherwise made available to third
<br /> 13. Limitation of Liability. Notwithstanding any other provision of parties without the prior wrtten consent of WESTON.
<br /> these General Terms and Conditions,and unless a higher limit of liability is 16. Use of Doe>tmenta All documents, including drawings and
<br /> expressly provided elsewhere in this Agreement in a provision making specifications, prepared or furnished by WESTON (INCLUDING
<br /> $pacific reference to this Article 13,WESTON's total liability to CLIENT WESTON's independent professional associates,consulants and suboon-
<br /> forany Ion ordamages from claims arising out of or in connection with this tractors)pursuant to this Agreement are instruments of service regarding the
<br /> Agreement from sny cause including WESTON's strict liability,breach of Work. CLIENT may make and retain copies for information and reference
<br /> contract or professional negligence,errors and omissions shill not exceed in cutneetion with the Work;however,such documents aro not intended or
<br /> the lesser of the total contract value of the Agreement or the limits of represented to be suitable for other than the we specified in the Contract
<br /> WESTON's liability insurance in effect at the time such claims are made. Documents. Such documents ate not for reuse by CLIENT or others on
<br /> CLIENT hereby releases WESTON from any liability exresding such extensions of the Work or on any other work or for any other purpose, Any
<br /> amount In no event that either Parry be liable to the other for special, reuse of Inch documents without prior written verification or adaptation by
<br /> indirect,incidental or consequential damages whether or not such damages WESTON for the specific purpose intended will be at CLIENT'&sole tisk
<br /> were foreseeable at the time of the commencement of the Work. and without liability or legal exposure to WESTON, or to WESTON's
<br /> independent professional associates, consultants or subcontractors and
<br /> CLIENT shall indarmuk,and hold harmless WESTON and WESTON's
<br /> independent professional assoeiRMS,consultanrs and subcontractors from
<br /> 1.nav4enganW Lirbility Include.dalanot]lmlteem+Feeifivaon orayroavn,tamr;.l any and all costs,expenses,fees,losses.claims,demands,liabilities,snlu,
<br /> or yraceu ramwning aabadWa tubauncee; tailor&to detect e,e mon®co m Fq t ni.a at actions and damages whosoever arising out of or resulting from such retina
<br /> h...rdow subataecas le aproetxt,taawiu w yrocwa;We ebatamset.teplec�an[wseanoval e1
<br /> a pta0uea maudal m Penna ooataiouta huatdoua aubammu Red aJW iodudo anatesa Any such verification or adaptation agreed to by WESTON will cmift
<br /> muton&m rite&swat,aJeged or euearuned diaaha&t abapataal,miaaem escapo ofpoL'utwu WESTON to compensation at rates to be agreed upon by CI.IEN-r and
<br /> ('poDumu"mm any solid aqW tt gaseuW or thaamd edmt wcuetartamat,maluding®oke,
<br /> vapor.soot tumm adds,alkdla,tzt wWc euelat matuial wuu and waw rca,me to be WESTON 0.t that time.
<br /> treydee,neeeelaened atrxdiaad)ana alRoanymatnlel raet:stonoa macopale,mutaga , 17- Records Retention. WESTON retain project records including
<br /> biolopcaay mfectt u Indaaeve,f3s— lc w dtaracteiaoi a lvtarBous®dor apybcable reports and correspondence developed during performance of the Agree-
<br /> federal,!tato w local law.
<br /> went for a period of three(3)years after project completion. Such records
<br /> may he maiJttained on electronic media,as W'EST'ON may decide. ire r'be
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