08-F Groundwater Investigation - Laserfiche WebLink

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GENERAL TERMS AND coNDITIONS which WBG deems to be adequate. Such public liability and worker's compensation insurance policies shall have limits acceptable to the Client. Certificates for all such policies of insurance shall be provided to the Client upon its request in writing. WBG agrees to indemnify and hold harmless and defend Client from and against loss, damage, injury, or liability arising from any negligent acts by WBG, its agents, staff and consultants employed by it, but only to the extent of the limits and conditions of our liability insurance. Additional insurance, if requested by Client, will be obtained by WBG (if procurable) and charged to the Client at cost plus fifteen percent (15%). WBG shall not be responsible for any loss, damage or liability arising from acts by Client, its agents, staff and other consultants employed by it. Furthermore, if Client makes a claim against WBG for alleged negligence, but fails to prove such claim, Client shall pay all WBG's defense costs. 9. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein. 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, WBG shall be paid for services performed to the termination notice date plus reasonable expenses to demobilize. In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, WBG may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to date of notice of termination of suspension. The expenses of suspension shall include all direct costs of WBG in completing such analyses, records and reports. 11. CONFLICTS Should any element of the General Terms and Conditions be deemed in conflict with any element of the con~'act referenced above, unless the contract clearly voids the conflicting element in the Terms and Conditions, wording of the Terms and Conditions shall govern. Any element of this Agreement later held to violate a law or regulation shall be deemed void, but all remaining provisions shall continue in force. 12. SAFETY WBG is responsible for the safety on site of its own employees and subcontractors. However, this shall not be construed to relieve Client or any of its contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of WBG, nor the presence of WBG's employees and subcontractors shall be construed to imply WBG has any responsibility for any activities on site performed by personnel other than WBG's employees and subcontractors. 13. DELAYS IN WORK WBG will pursue the work in an efficient and expeditious manner consistent with good quality practices. WBG will not be responsible for delays in the work caused by Client or its agents, consultants, contractors or subcontractors. Stand-by or non-productive time for delays in our work caused by Client will be charged as work time unless provided for as a separate item in the contxact or other mutually agreed upon document. 14. CONSEQLrENTIAL DAMAGES Client shah not be liable to WBG and WBG shall not be liable to Client for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Client or WBG, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. 10. ASSIGNS Neither the Client nor WBG may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of either party. Furthermore, this agreement contains each and every agreement and understanding between the parties relating to its subject matter. It may not be altered or amended except in writing and signed by both the Client and WBG. 15. UTILITIES In the execution of any subsurface exploration or excavation, WBG will take all reasonable precautions to avoid damage to subterranean structures or utilities. However, it is the Client's responsibility to mark the locations of all underground man-made obsmactiuns. The Client agrees to hold WBG harmless for any damages to subterranean structures which are not called to WBG's attention or correctly shown on the plans furnished.