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Terms and Conditions
<br />Information SunPiied By Others: The FIiZM shall be entitled io rely upon <utd use all such information and sen'ices provided by
<br />CLIENT or others designated b}' CLIENT in pcrfonning the FIRM'S services under this Agreement, without further verification by
<br />the F1R,ti4. CLIENT shall ensure access for the FIRM to properties as necessary for pcrformancc of the FIRRQ'S work; provide legal
<br />cowtscl, accountants, insurance consultants, financial advisors nr other similar specialists as required for the prnjcct; and provide all
<br />criteria and ful! information as rn CLIENT'S requirements for the project.
<br />2. Termination: 'this Agrccmcnt may be termin;ucd by either party upon tut { 10) days writtcu notice.
<br />3. P:+yntent: 'I'hc i~iRM shall periodically suhm;t statements for scrviccs rcndcrcd. •hhcsc will be teased upon the Fi1:M'S estimate of the
<br />scrviccs complctcd at the time. CLIENT shall pranptly pay the invoices submitted. if an invoice is not paid within 30 days of receipt,
<br />the amount due the FIRM shall increase at the rate of one percent (I.0°o) a month beginning from said 30'h day. In addition, the FIRM
<br />may, after giving seven (7) days written notice to CLiL'-NT, suspend scrviccs under this Agrccmcnt until paid.
<br />in the event of termination by CLIEN'i~, payment shalt be made for scrviccs rcndcrcd through receipt of notice of termination.
<br />4. 13ourly Rate I~ccs: Rcimbursablc cxpenscs, such as long distance telephone, postage, equipment, expendables, mileage, subcontractors
<br />or special consultants, freight, testing fees, topics, and blueprints arc added to hourly rate ices. Where special consultants or
<br />subcontractors arc used as additional services, the ENG1NEElt'S rcimbursament shall include a service charge equal to 5"/" of the
<br />suhcontractnr's invoice. amount.
<br />5. Rcusc of Documents: All documents prcparcd by the FIRM arc for this project only.- they arc not intcndcd !o be suitable for reuse on
<br />extensions o1'thc Project, or on any oihcr project. Any reuse witlioul written verification or adaptation t,y the FIRM for the spccitic
<br />purpose intcndcd will be at CLIENTS sole risk and without liability to the PIRM.
<br />G. Notices: Any notices to be given by tither party to the oihcr muy be clfectcd by personal delivery In writing or by registered or
<br />certified mail.
<br />7. I?ntirc At'rc>>ment: This instrument contains the sole and entire agreement bctwecn thr, parties relating to the right herein granted and
<br />the obligation herein assumed.
<br />ts. Texas l,aw to Annly; 't'ilts Agrccmcnt shall bo construed uudcr amd in accordance-with the laws of the Stale ul' "1'cxus. and will be
<br />pcr('onnablc in Lamar County.
<br />>. Lccal Construction: 1!' any one or more of the provisions contained in this Agrccmcnt shalt for any reasons be Itcld to be invalid,
<br />illegal or unenforceab}e in any respect, such invalidity, ilicgafity or unenforccability steal! not effect any other provision thereof, and
<br />ibis Agreen;cnt shall be construed as if such invalid, ilicgat or unenforecable provision had never been contained hercitt.
<br />10. V/arnnty: The FIRM intends to render its services uudcr this Agrccmcnt in accordance with generally accepted professional practices
<br />for the intcndcd use of the project and makes no warranty, either express or implied. Specifically, in this regard, the FIRM will
<br />endeavor to advise the CLIENT as construction, if any, progresses, but does not in any manner guarantcc the pcrformancc of the
<br />construction contractors, nor is the FIRM liable in any manner for construction site safety or the means or methods employed by
<br />construction contractors in carrying out the work.
<br />11. Indannification: The CLIENT shall, to the fullest extent pcmtiltcd by late, iadcmnify and hold haunt^_ss the FIRM, its officers,
<br />directors, cr.tpiuyecs, ag::nts and subconsultants from and against all damage, liability and cost, including rcaeonablc attorney's Pecs
<br />and defense costs, arising out of or in any way connected with the pcrformancc by any of tlu parties above named of the scrviccs
<br />under this Agrccmcnt, excepting only those damages, liabilities or costs attributable to the sole negligcncc or willful misconduct of the
<br />FIKM.
<br />12. Opinion of Probable Construction Cost: Any opinion of the probable construction or project cost prcparcd by the FIRM represents the
<br />judgement of a design professional and is supplied for the general guidance of the CLIENT. Since the FIRM has no control over the
<br />cost of labor and material, or over competitive bidding or over market conditions, the: FIRM does not imply nor guarantcc the
<br />accuracy of such opinions as compared to contractor bids or actual project costs to the CL.IEN"1'.
<br />13. t,imitation of Liahilit~'; ]n recognition of the relative risks, rewards and benefits ol'thc project to both CLIL'NT and the FIRM, the
<br />risks have been allocated such that the CLIENT agrees that, to the fullest extent pcnnittcd by law, the FiRA~t'S total liabiliq~ to the
<br />CLI);NT for arty and all injuries, claims, losses, cxpenscs, damages or claitn cxpenscs arising out of this Agrccmcnt from any cause or
<br />causes, shall not exceed $IUQ,OOO.GO. Such causes include, but arc not limited to, the FIRM'S ncgligencc, errors, omissions, strict
<br />liability, breach of contract or breach of ~~;,rranty.
<br />14. Causes of action bctwecn the parties to this Agrccmcnt pertaining to acts or failures to act shall be deemed to have accrued and the
<br />applicable satulcs of limitations shall commence to run not later than either the dale of Substantial Completion for acts or failures to
<br />act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act
<br />occw~ring alter Substantial Completion. In no event shall such statues of limitations commence to run any later than the date when the
<br />FIRM'S scrviccs arc subsianliall}' complctcd.
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