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TERMS FOR ENVIRONMENTAL CONSULTING SERVICES
<br /> 1. SERVICES PROVIDED/DUTIES AND LIMITATIONS
<br /> a) CONDOR shall perform or cause to be performed those services as set forth in approved Work Order(s)and incorporated herein by reference.
<br /> b) Independent Consultant Status-Except as may otherwise be noted herein,CONDOR shall serve as an independent consultant to CLIENT and
<br /> shall have control over and be responsible for the means and methods for providing services under this Agreement.It is specifically understood
<br /> that,irrespective of any assignability provisions,CONDOR may retain subcontractors to perform services usually performed by subcontractors
<br /> and,should CONDOR determine it appropriate or necessary to rely on a subcontractor where it is not customary to do so,CONDOR shall obtain
<br /> prior written approval or subsequent written confirmation from CLIENT.
<br /> C) Maintenance of Professional Standards and Ethics-CLIENT recognizes that CONDOR's services in all cases must be rendered in accordance
<br /> with prevailing professional standards and ethics,as well as certain laws or regulations that apply specifically to CONDOR.
<br /> d) Standard of Care-Services performed by CONDOR under this Agreement will be conducted in a manner consistent with that level of care and
<br /> skill ordinarily exercised by members ofthe profession currently practicing in the same locality under similar conditions.No other representation,
<br /> express or implied,and no warranty or guarantee is included or intended in this Agreement,or in any report,opinion,document or otherwise.
<br /> e) RR orts-If directed by CLIENT in writing,CONDOR shall provide CLIENT with monthly progress reports summarizing the work performed
<br /> under this Agreement.Such reports shall be in writing and furnished to CLIENT by the tenth day of each month.CONDOR shall also provide
<br /> CLIENT with such other reports concerning CONDOR's work progress as CLIENT,in its reasonable discretion,may deem necessary.
<br /> f) Consequential Damages-CLIENT shall not be liable to CONDOR and CONDOR shall not be liable to CLIENT for any consequential damages
<br /> incurred by either due to the fault of the other,regardless of the nature of this fault,or whether it was committed by the CLIENT or CONDOR,
<br /> their employees,agents or subcontractors.Consequential damages include,but are not limited to,loss of use and loss of profit.
<br /> g) Limitation of Liability-CLIENT agrees to limit CONDOR's liability to CLIENT and all third parties and construction contractors arising from
<br /> CONDOR's professional acts,errors or omissions,such that the total aggregate liability of CONDOR to all those named shall not exceed$10,000
<br /> or CONDOR's total fee for the services rendered under a Work Order,whichever is greater.(If CLIENT wishes to discuss higher limits and the
<br /> charges involved,he should speak with CONDOR.)CLIENT further agrees to limit CONDOR's liability to the same amount for contractors and
<br /> his subcontractors retained by CLIENT and require an identical limitation of CONDOR's liability for damages suffered by the contractor or the
<br /> subcontractors arising from CONDOR's professional acts,errors or omissions.Neither the contractor nor any of his subcontractors assumes any
<br /> liability for damages to others which may arise on account of CONDOR's professional acts,errors or omissions,except as otherwise stipulated
<br /> herein.
<br /> h) Notification of Hazardous Materials-When hazardous materials are known,assumed or suspected to exist at a site,CONDOR is required to
<br /> take appropriate precautions to protect the health and safety of its personnel,to comply with applicable laws and regulations,and to follow
<br /> procedures that CONDOR deems prudent to minimize physical risks to employees and the public.CLIENT hereby warrants that,if he knows or
<br /> has any reason to assume or suspect that hazardous materials may exist at the project site,he has so informed CONDOR.CLIENT also warrants
<br /> that he has done his best to inform CONDOR of such known or suspected hazardous materials'type quantity and location.
<br /> 2. COMPENSATION AND EXPENSES
<br /> a) Fees-CLIENT shall pay compensation for CONDOR's services and shall pay for CONDOR's reasonable costs incurred in performing the
<br /> services required by this Agreement as set forth in approved Work Orders.CLIENT agrees that CONDOR's current fee schedule will be the
<br /> basis for all time-and-materials charges.CLIENT agrees that CONDOR may revise the fee schedule annually.CLIENT will be notified in writing
<br /> of fee schedule changes.
<br /> b) Timely Payment-CLIENT recognizes that time is of the essence with respect to payment of CONDOR's invoices and that timely payment is a
<br /> material part ofthe consideration ofthis Agreement.If CLIENT objects to all or any portion of any invoice,CLIENT will so notify CONDOR
<br /> in writing within fourteen(14)calendar days of the invoice date,identify the cause of disagreement,and pay when due that portion of the
<br /> invoice not in dispute.CLIENT shall pay CONDOR for services performed in U.S.funds drawn upon U.S.banks and in accordance with the
<br /> rates and charges set forth in the approved Work Order and this Agreement.Invoices will be submitted by CONDOR from time to time,but no
<br /> more frequently than every two(2)weeks,and shall be due and payable within thirty(30)calendar days of invoice date.
<br /> CLIENT shall pay an additional charge of one-and-one-half percent(1.5%)(or the maximum percentage allowed by law,whichever is lower)of
<br /> the invoiced amount per month for any payment received by CONDOR more than thirty(30)calendar days from the date ofthe invoice.Payment
<br /> thereafter shall first be applied to accrued interest and then to the principal unpaid amount.Payment of invoices is in no case subject to unilateral
<br /> discounting or set-offs by CLIENT.
<br /> If CLIENT fails to pay invoiced amounts within thirty(30)calendar days ofthe date ofthe invoice,CONDOR may at any time,without waiving
<br /> any other claim against CLIENT and without thereby incurring any liability to CLIENT,suspend this Agreement(as provided for in Section 8,
<br /> Suspension)or terminate this Agreement(as provided for in Section 9,Termination).In the event legal action is initiated to enforce payment of
<br /> any invoiced amounts under this Agreement,CLIENT agrees to pay reasonable expenses to collect payment,including court costs and attorney
<br /> fees.
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