ARCHIVED REPORTS_XR0012539 - Laserfiche WebLink

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GENERAL TERMS AND CONDITIONS For Contractor's Services requiring drilling, boring, excavation or sods sampling, Client shall approve all site locations, and provide Contractor with all necessary information regarding the presence of underground hazards, utilities structures and conditions at the site Due to uncertainties in performing drilling or excavation activities in areas where Contamination could exist, and due to unknown underground conditions, including the conditions of any aquifers, tanks or sub-surface utilities, Contractor cannot represent or guarantee that pollution from drilling or excavation will not result and Client assumes all risk and liability for same except to the extent caused by Contractor's sole negligence or willful misconduct O APPROVALS, AUTHORIZATIONS, NOTICES All notices authorized or required between the parties, or required by any of the provisions herein shall be given in writing and shall be sent by certified mad, return receipt requested, and deposited with an accepted postal service, postage prepaid, and addressed to the party intended to receive it Notices may also be given by personal delivery or may be sent by facsimile to the party intended to receive it with the sending party confirming the message by certified mail in the same manner as provided above within ten (90) calendar days thereafter, but said notice shall be deemed given on the date the facsimile is sent Notices shall be addressed, mailed, and delivered or facsimile faxed to the party to whom the notice is given at the address shown herein P TERMINATION Client may, with or without cause, terminate the Services at any time upon ten (10) working days written notice to Contractor In either case, Contractor shall be paid all amounts due in accordance with Exhibit B to the date of termination in addition to costs incurred as a result of demobilization . Q ACCEPTANCE OF THE SERVICES When Contractor deems it has completed the Services, it shall so notify Client Within five (5) days thereafter, Client shall advise Contractor in writing of any defects in the Services for which Contractor is responsible under this Agreement As soon as any such defects are corrected (or as soon as the five (5) day period of such notice has expired if Client does not advise Contractor of any such defects within the period), Company shall accept the Services in writing or they shall be deemed accepted and care, custody and control of the Project or any portion thereof shall pass to Client In any event, the care, custody and control of the Project shall pass to Client no later than the time when Client takes physical possession thereof From and after the date of transfer, Client shall assume all risks of physical loss or damage thereto and shall release, defend and indemnify Contractor therefrom R GOVERNING LAW The provisions of this Agreement shall be interpreted and the relations between the parties hereto determined in accordance with the laws of the State of California, excluding provisions thereof which refer to the laws of another jurisdiction S DISPUTE RESOLUTION I in the event of a dispute between the Pnrfinc aris:ng out of or r41pti11y ii, bila AgreCi[ient, or the breach, termination or invalidity thereof, which cannot be amicable resolved by the respective project managers of the Parties hereto, such dispute shall then be referred to a representative of senior management at the Vice Presidential level of the Parties hereto for resolution 2 In the event that any such dispute remains unresolved, then and in that event, such dispute shall be resolved though arbitration employing the Services of the Judicial Arbitration and Mediation Services There shall be one arbitrator, who shall be bound by and follow the terms of this