43-25 RFP-Responses-Rock Spring Golf Course.pdf

7.0 8.0 9.0 SITE CONDITIONS & SITE ACCESS Consultant shail not be liable for any property damage to or interfere with surface or subterranean structures (including pipes, tanks and telephone cables) which are not dily visible, shown on plans furnished by CHent or which are public documents, in connection with work performed under this Agreement. Client recognized that the use of exploration and test equipment might unavoidably affect or alter the terrain. Client accepts that this is inherent to Consultant’s work and Consultant shall not be liable for any such effect or alteration, Client represents that they have “unrestricted access rights” to the entire site and that by accepting this proposal, E2PM has full rights to enter the site to conduct the work outlined within this proposal. Please note that E2PM will make best efforts to identify all existing utilities, via reviewing Client Supplied maps, field observations, and most importantly requiring a utility mark-up, in accordance with the NJ Underground Facility Protection Act ( N.J.S.A. 48:2-73 et seq.). Responsible parties, property owners, and clients, will be given an opportunity to review the proposed intrusive work and sampling locations, Client’s approval of the proposed intrusive work and sampling locations shall _ constitute acceptance of their responsibility for the identification of any on-site utilities and underground obstructions. E2PM and _ its subcontractors shall be indemnified and not be held liable for any damages to the utilities and/or to the property stemming from subsurface investigations and/or excavation. CONSEQUENTIAL DAMAGES, In no event shall Consultant, its Consultants, its vendors, or its affiliates be liable for, and Client hereby releases and agrees to indemnify and hold such parties harmless against, any and all claims for consequential, special, incidental or indirect damages without limit by reason of failure to specify same including Client’s legal fees, whether based upon contract, tort (including negligence), strict liability, statute or othcrw Client hereby waives the subrogation rights of its property damage and business interruption insurers in favor of such parties. LIMIT OF LIABILITY It is understood and agreed that the price has been established in recognition that Consultant’s overall cumulative liability for a representations (except its

or of such parties. LIMIT OF LIABILITY It is understood and agreed that the price has been established in recognition that Consultant’s overall cumulative liability for a representations (except its indemnification obligation regarding third party claims), warranties, guarantees, defenses, and other obligations arising as a result of its entering into this Agreement shall in no Crestmont Country Club M-23.01 Gof7 10.0 13.0 event exceed the amount paid by Client to Consultant for performance of the Work. HAZARDOUS SUBSTANCE CLAIMS {a} “Hazardous Substance Claim” shall mean any and all claims, losses, costs, expenses, judgments, damages, and liabilities of any form or nature including but not limited to any for personal or emotional injury, death or damage to property arising out of or in connection with any actual, threatened or feared release, discharge or exposure to any toxic or hazardous waste, substance, material, or vapor, including without limitation, PCR’s, petroleum, hydrocarbons, asbestos, mixed, radioactive or nuclear wastes and any other substance designated as hazardous or toxic under CERCLA, TSCA, RCRA or other statute or regulation (“Hazardous Substances”); (b) Except as provided in (a) above and to the fullest extent provided in Article 8; (i) Client shall indemnify and hold harmless Consultant, its officers, directors, employees, agents, and representatives from and against any and all Hazardous Substance Claims; and (ii) Client shall defend any claim, action, or proceeding which may be brought against Consultant, its officers, directors, employees, agents, and representatives (“Defendants”) arising out of or in connection with any [azardous Substance Claim and shall bear all fees and expenses of attorneys and costs any Defendant incurs in the defense thereof. RELATIONSHIPS OF PARTIES The Consultant shall at all times be an independent entity and shall not claim to be an agent, officer, or employee of Client and shall not have authority to make any commitment on behalf of the Client, except to the extent that such authority shall be expressly conferred in writing, Consultant shall not have the right to use Client’s title block on any plans or drawings whatsoever, unless so authorized by Client. TERMS OF PAYMENTS Asacondition precedent Client shall pay or cause to be paid to the Consultant for the true and faithful performance of

plans or drawings whatsoever, unless so authorized by Client. TERMS OF PAYMENTS Asacondition precedent Client shall pay or cause to be paid to the Consultant for the true and faithful performance of all of services herein and contained under this agreement, the amounts set forth in the Consultant’s proposal. Upon completion of the work, every thirty (30) days or as soon thereafter as practicable, the Consultant shall invoice the Client for the services performed. Invoices shall be due and payable within fifteen (15) days. Interest at 1.0% per month will be charged for ail invoices exceeding 45 days. Consultant reserves the right to Jean Client’s property as a means to protect its interests in assuring payments for work performed under this agreement. CONFIDENTIALITY January 4, 2023