263-22 Proposal - CME.pdf

sequential, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the services of work of Engineer or any claims against Engineer arising from the acts, omissions of work of others, unless it is proven in a court of competent jurisdiction that the Engineer is guilty of negligence or willful misconduct in connection with the services and such negligence or willful misconduct was the sole cause of the damages, claims and liabilities. Client agrees to indemnify and hold harmless Engineer from and against all claims, damages, losses and expenses, direct or indirect, and consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, brought by any person or entity, or claims against Engineer which arise out of, are related to, or are based upon, the actual or threatened dispersal, discharge, escape, release or saturation or smoke, vapors, soot, fumes, acids, alkalis, toxic chemical, radioactive materials, liquids, gases or any other material, upon, in or into the surface or subsurface soil; water or watercourse; objects; or any tangible or intangible 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 not apply to claims, damages, losses or expenses which are determined by a court of competent jurisdiction to be the sole result of negligence or willful misconduct by the Engineer of obligations under this Agreement. Limitations of Liabilily - CME’s total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of, or in any way related 10, this ‘Agreement from any cause or causes, including but 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 $50,000, whichever is less, In no event shall CME be liable for consequential damages, including, without limitation, loss of use or loss of profits, incurred by Client or their subsidi regardless of whether such claim is based upon alleged breach of contract, willful misconduct, or negligent act or omission. Professional services rendered for @ Client shall

Client or their subsidi regardless of whether such claim is based upon alleged breach of contract, willful misconduct, or negligent act or omission. Professional services rendered for @ Client shall be provided for that Client. The Client is responsible for the proper operation and use of the subject facilities and/or report and nothing herein shall provide any rights to any third party. The Client, in authorizing CME to proceed, acknowledges that the professional responsibilty is limited. ‘Termination - This Agreement may be terminated by either party upon fourteen (14) days written notice in the event of substantial failure by the other party to perform in ‘accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, CME shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination, or suspension for more than three (3) months, prior to completion of all work contemplated by this Agreement, CME may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of CME in completing such analyses, records and reports. Assians - The Client may not delegate, assign, sublet or transfer his duties or interests in this Agreement without the written consent of CME. This agreement shall not create any rights or benefits to parties other than the Client and CME, except such other rights as may be specifically called for herein. 7 MU_22N,D06 \8

—= CONSAND-01 __ MKAAR ACGRE CERTIFICATE OF LIABILITY INSURANCE peered THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER | SQnracT i500 long Bea ch Blvd | Geo, ext); (609) 492-1511 (iS, no}-(609) 492-7643 _ Beach Haven Terrace, NJ 08008 | ADDRESS: _ _ — INSURER(S) AFFORDING COVERAGE 4 NAIC # — ——— __wsurer A: Selective Ins. Co. of New England 11867 INSURED Linsurer s :New Jersey Manufacturers (12422 Consulting and Municipal Engineers, LLP wsurer c : Beazley Insurance Company, Inc. (37540 _ 1460 Route 9 South INSURER D: _ — Howell, NJ 07731 INSURER: OO | INSURER F ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. hee ‘TYPE OF INSURANCE Pppptisur] POLICY NUMBER (MIDE | (ADDI YY | uwirs AX | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE. $ 1,000,000 |__| cuwws.wane [x] occur S 2468526 8/1/2022 8/1/2023 PRYISE eeiaurtnce) | $ 500,000 eas Contractual | MED EXP (Any one person) _| $ 15,000) | | PERSONAL & ADVINJURY | $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: | GENERAL AGGREGATE. $ 2,000,000) X | poucy ES toc PRODUCTS - COMPIOP AGG | $ 2,000,000 OTHER: ES A | AUTOMOBILE LIABILITY SEMBNERENGLELIMT Is 1,000,000 X | any auto S 2468526 8/1/2022 8/1/2023 BODILY INJURY (Per person) |

2,000,000) X | poucy ES toc PRODUCTS - COMPIOP AGG | $ 2,000,000 OTHER: ES A | AUTOMOBILE LIABILITY SEMBNERENGLELIMT Is 1,000,000 X | any auto S 2468526 8/1/2022 8/1/2023 BODILY INJURY (Per person) | $ ‘OWNED SCHEDULED AUTOSONLY |__| AUTOS BODILY INJURY (Per accident) $ HGRSS onvy SORBONNE LTRPSEEEHPMASE s $ AX) umpreauias |X | occur | EACH OCCURRENCE is 10,000,000) EXCESS AB CLAIMS-MADE S 2468526 8/1/2022 8/1/2023 ccrecare 5 10,000,000 pep | X | reTENTIONS 0 s B | WORKERS COMPENSATION X | BER [one AND EMPLOYERS® LIABILITY | |X stature | BR ANY PROPRIETOR/PARTNERIEXECUTIVE iN] Insal 'W417402 8/1/2022 8/1/2023 | EL. EACH ACCIDENT ls 1,000,000! | iandstory in NH) | EL DISEASE -EA EMPLOYEE § 1,000,000 tyes, describe under 4,000,000) DESCRIPTION OF OPERATIONS below ELL DISEASE - POLICY LIMIT | $ 3000, Professional Liab. | (C299D5210301 12/15/2021 12/16/2022 Each Claim: 2,000,000) C |Professional Liab. (C299D5210301 12/15/2021 12/15/2022 Aggregate: 3,000,000) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CyberRisk Liability: Limit, $2,000,000 Aggregate/ $2,000,000 Occurrence. Travelers Casualty and Surety Company of America Policy #105971169 Eff. 10/1/21-22. CERTIFICATE HOLDER _ CANCELLATION ‘SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR GENERAL INFORMATION ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Naha Kadr—— | ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD