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<br />EXHIBIT A <br /> <br />M-E ENGINEER'S TERMS AND CONDITIONS <br /> <br />The foHowing Terms and Conditions and the initials required below are a part of this Agreement. <br /> <br />M-E Engineers, Inc. shall perform the services outlined in this agreement for the stated fee arrangement. <br /> <br />Access To Site: <br />Unless otherwise stated, M-E Engineers will have access to the site for activities necessary for the performance of the services. M-E Engineers wi\1 <br />take precautions to minimize damage due to these activities, but has not included in the fee the cost ofrestoration of any resulting damage. <br /> <br />Dispute Resolution: <br /><AR.JLC~tTI~ nr cti~p'.t's mlltle-4tu:u.o d""->~bU,~vu~hu\"livll VI ..,sst t:'QA&t&Uai9A 8et'..(.(.u tfl\,t- Cli",ul ~a ~i E Call:;llh''''''.IJ :;hall h"" ~ubl&litt~li t9 t'QQ. <br />..tWIrling mediatiQR. CIi.c.JL and M--r. tnglneers agIlx LV hldud" A JilRilar ~edil&tiQll. "WIl\llRtnt ..;Ul lItl wllba"tvlJ, 3t1be8Rt~~R;,.$ul:leomtlll'ML" <br />SlIpp!iprg MQ iaericllto.", d/..,,,by pC". idi,15 [v, lll"diaGvll "" Ih" Pl;Ul<UY 1ll"IJ.vd f\" di.~putll res9111ti9R eetv.<ellR Illll'artie3. tp: ~ <br /> <br />BillinglPayments: <br />Invoices for M-E Engineer's services shall be submitted, at M-E Engineer's option, either upon completion of such services or on a monthly basis. <br />Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 60 days, M-E Engineers may, without waiving any <br />claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. <br /> <br />Late Payments: <br />Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In <br />the event any portion or all of an account remains unpaid 90 days after bi\1ing, the Client shall pay all costs of coHection, including reasonable <br />attorney's fees. <br /> <br />Indemnification: <br />The Client shall, to the fullest extent permitted by law, indemnify and hold harmless M-E Engineers, his or her officers, directors, employees, agents <br />and sub-consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any <br />way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, <br />liabilities or costs attributable to the sole negligence or willful misconduct ofM-E Engineers. <br /> <br />Certifications: <br />Guarantees and Warranties: M-E Engineers shaH not be required to execute any document that would result in its certifying, guaranteeing or <br />warranting the existence of conditions whose existence M-E Engineers cannot ascertain. <br /> <br />Limitation of Liability: <br />in.pee9gHiti9A..Dfthe rel~ti'/ll risles, t:e"'\url~ ,,"rI hen..fit~.DfJb.@1hvj(;d to Dvtl..-tnc Glient lInd 1\1 L LRgiRellf9, tile rigkg h"J(1" h~~A allQtit;g ~t1.::h tI,M-- <br /> <br />~~~~~~~~f=.;:"E~~'~~:~7:'i <br /> <br />.Ji:AWReeF6, IRe.) _ _ __ fCIK.Ht). ~ S <br /> <br />Verification of Existing Conditions Clause: <br />Inasmuch as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and <br />because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or <br />serviceable portions of the building, (the Client) agrees that, except for the sole negligence on the part ofM-E Engineers, Inc., (the Client) agrees to <br />indemnify and hold M-E Engineers, Inc. harmless from any claims, liability or cost (including the costs of defense) arising or allegedly arising out of <br />the professional services provided under this agreement. <br /> <br />Termination of Services: <br />This agreement may be terminated by the Client or M-E Engineers should the other fail to perform its obligations hereunder. In the event of <br />termination, the Client shall pay M-E Engineers for all services rendered to the date of termination, all reimbursable expenses, M8 r8i~"'I\:i\l~I~ <br />-&eFn.illa:t;vll "'^i-'''''1I.:f~ ~S <br /> <br />Ownership of Documents: <br />All documents produced by M-E Engineers under this agreement shall remain the property of M-E Engineers and may not be used by the Client for <br />any other endeavor without the written consent ofM-E Engineers. <br /> <br />.....-.--....'-.p....-..-. ......, <br />.,,----., <br />. ~'~ . ~ <br /> <br />M-E ENGINEERS. INC, <br />10055 W. 43RD AVENUE <br />WHEAT RIDGE. CO 80033 <br />PH: (303) 421-6655' FAX: (303) 421-0331 <br /> <br />DENVER <br />COLORADO SPRINGS <br />LOS ANGELES <br />VAIL <br />LONDON <br />