224-22 RFQ-CME.pdf

ASSOCIATES LUlities - in he execution ofthe work, CME wil take all reasonable precautions to avoid damage oF injury to subterranean atructures of wien, ‘The Client agrees to hold CME ‘Ulli S for eny damages to subterranean structures which are nat called to CME's attention and/or not correctly shown on the plans furnished. FRloht of EntniWorksite - Client will provide for right of entry for CME personnel and equipment necessary to complete the wort, ‘While CME will take all reasonable aa re aay damage © Ine propery His understood by lent hatin the normal course of some damage may occur, the corecon of which isnot par of tis agreement. CClent shel funish or cause to be furished to CME al dacuments and information knot to Cet hat relate tothe ident, cation, quantity, nature or characteristics of Sy ‘nazardous or toxic substances at, on or under the site. th adltion, Client wil furnish or causa to be fumished such other information on surface and subsurface sits conditions required by CME for proper performance of ts services. ‘CME shall be entitled to rely on Client provided documents and information in performing the services required under this Agreement; however, CME assumes no responsibility or labilty for their accuracy ar completeness. CME will not direct, supervise oF control the work of contractors or their subcontractors. CME ser subcontracar's) safety measures, vices will not include @ review or evaluation of the contractor's (or CME shall be responsible only for its activites and that of its employees on any site. Neither the professionel activities nor the presence of CME or its employees or Cn setractors on site shel imply that CME contals the operations of ethers, nar Shall this be construed to be an acceptance by CME of any responsiblity for jobsite safety. lagemnificalin - Ta the full extent permitted by law, Clent shall indemnity, defend and hold harmiess CME and lis subcontractors, consultants, agents, officers, directors and sieefoyess (herein collecively referred to as Engineer) from and against all claims, damages, lasses and expenses, whether direct, indirect or consequential, including but nat oe ner ee atamoys and court and arbtration cot, rising out of of resuting from the services of work cf Engineer or eny clams agains: Engines: ceed from the acts, omissions of work of athers, unless it is proven in a court ‘of competent

tration cot, rising out of of resuting from the services of work cf Engineer or eny clams agains: Engines: ceed from the acts, omissions of work of athers, unless it is proven in a court ‘of competent jurisdiction that the Engineer is guilty of negligence or wilful misconduct in connection Tam the services and such negligence or wilful misconduct was the sole cause of the damages, claims and liabilities, Cent agrees 10 Indemnity and hold harmless Engineer from and against all claims, damages, losses and expenses, direc oF indirect and consequential damages, including ‘but not limited to fees and charges of attorneys and court and arbitration costs, brought by any person or ently, or claims against Engineer which arise out of, are related to, or a Dased upon, the actual of tnrealened dispersal, discharge, escape, release or saturation or smoke, vapors, soot, fumes, acts, ‘alkalls, toxic chemical, radioactive materials, fiquids, gases or any other material, upon, In or into the surface or subsurface sail; water or watercourse; objects; or any tangible or intangibte matter. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract or strict liability of Engineer. This indemnification shall nct apply to claims, damages, Tooses of expenses which are determined by a court of competent jurisdiction to be the sole result of negligence er witht ‘misconduct by the Engineer of obligations under this Agreement. CME’s total fabity to Client for any and ail injuries, claims, losses, expenses or damages whatsoever arising out Of, or in any way related to, this ‘Agreement from any cause or causes, Including bul not limited to CME's negligence, errors, ‘omissions, strict liability, breach of contract or breach of warranty, shall not exceed the total contract amount for the services provided by CME or $60,000, whichever Is less. inno event shall CME be fable for consequential damages, including, without limita, joss of use or loss of profits Incurred by Client or their subsidiaries or successors, ‘egarcless of whether such claim is based upon alleged breach af corract, wilful misconduct, er negligent actor omission. professional services rendered for a Client shal be provided for that Cent. The Cllent Is responsible for the proper operstion and use of tne subjact facilities and/or report

egligent actor omission. professional services rendered for a Client shal be provided for that Cent. The Cllent Is responsible for the proper operstion and use of tne subjact facilities and/or report and Fearing herein shell provide any rights to any thre party. The Client, in authorizing CME to proceed, acknowledges thatthe professional responsibillly is fimited. ‘Termination - This Agreement may be terminated by either party upon fourteen (14) days written notice in the event of substantial fare by the ether party 1o perform in Termination rine iors hereo!, Such termination shall rt be eflectve If tet substartial failure nes been remedied before expiration of the period specified in the written seco er the vent of termination, CME: shal be paid for services performed to tne termination notice date plus reasonable termination expenses. inthe event of termination, or uspension for more than three (8) months, prior to completion ofa wrk contemplated by ths Agreement, CME may compiste suet Srabess aan a eer vactanary to complet ts flee end may also complete report onthe services pertormad tothe date of notice of termination or suspension. ‘The expenses Of terminalion or suspension shall include all direct costs of CME in completing such analyses, records and reports. ‘Asslans ~The Client may not delegate, assign, sublet or ransfer his duties or interests inthis Agreement without the writen consent of CME- “This agreement shallot create any rights cr benef to patties olher than tne Client and CME, except such other rights as may bbe spectically called for herein. MU_22N DOC