|
SCHEDULE OF FEES AND CONDi rlONS
<br />Jame M. Montgotneer, Consulting Engloars. tnewporis"d
<br />A. FEES AND PAYMENT
<br />1. Payment M' the lump sum amount in accordance with Montgon►ery's esNn►nte of the percent completed shall he due within 30 days oiler date of
<br />monthly Invoice -4 describing the work performed during the preceding month.
<br />2. In order In defray carrying charges resulting from delayed payments, simple interest at the rate or eighteen percent (IR%) per annum chat not
<br />ext -ex -ding the n►mxintum rate allowed he law) will he added it; the unpaid balance of each invoice The interest period shall commence 30 days after
<br />duce of original invoice and %hail tern►inatc upon date of payment. Payn►en1% will tx first credited to Interest and then to principal. No interest.charge
<br />will IV added during 1f►c initial 30 -day Iteriod lollowing date of Invoke.
<br />B. COMMENCEMENT OF WORD
<br />The work will IV commenced intn►ediatchutl►on receipt of notice to proceed. if after commencement of work the project is delayed for oily reason
<br />beyond the central of Mumgun►rry Ior more than 60 Ja%s. the terms and conditions contained herein are subject to revision.
<br />C. MISCELLANEOUS PROVISIONS
<br />1. INSURANCE/INDEMNIFICATION
<br />(a) Montgomery will maintain insurance as will protect Owner from claims under the Worker's Compensation Laws and from General Liability
<br />and Automobile claims f'or Ixxlily injury. or death. or property damage which ma% arise 1"rom the negligent performance by its employees in the
<br />functions and services required under this Agreement.
<br />(h) Montgon►ery asserts that it is skilled in the professional calling necessary to the services and duties proposed to he performed and that It shall
<br />ix rlbrm such services and Duties in conformance to anti consistent with the standarcls generalh recognized as being employed M' professionals of
<br />Montgomery's caliber in the same locality and to that emd Montgomery agrees to indemnity and hold harmless Owner, its oflicers and employees
<br />1'rum and against any and all IInlHllq claims, suits, loss, damagrs, costs mild expenses arising out of or resulting from any negligent act, error or
<br />omission of Montgomery, Its officers, employees. agents or subcontrnctors In the performance of their services and duties hereunder. Further to
<br />assays Owner that such standard will be maintained and to protect Owner from any negligent acts, error or omission on the part of Montgomery,
<br />Montgon►ery maintains Proles%ional Liability insurance in the amount (if' S3,000.000. The total aggregate of Montgomer '% professional liability to
<br />all Parties related to this Agreement, however. shall not exceed 530,000 or the amount of Montgomery's lite, whichever is less.
<br />(c) Allhotgh the insurance as stated is currently in effect, due to the instability of the world insurance market, it is recognized that oft periodic
<br />negotiation of policy renewals. n may not he possible to maintain the exact insurance coverage required under the terns of this Agreement. It such
<br />event, Mont- ' will use its hest efforts to obtain insurance coverage that is reasonahh available and most nearly equivalent to the insurance
<br />coverage herein descrihed.
<br />(d) In consideration of lite unayailahility of proles%ional liahility insurance fill- serices involving or relating to hazardous waste elements of this
<br />Agreement, if' applicable• or the removal or encapsulation of ashestos, it is further agreed That Owner shall indemnih• and hold harmless
<br />Montgomery, its consultmnts, agents and emplovees from anti against ell claims, damages, losses and expenses, direct and indirect, or consequential
<br />dmnlages. including but not limited to fees and charges of anorneys anti court and arbitration costs, arising out of or resulting from the perlornance
<br />of the work by Montgomery, or claims against Montgomery arising from the Nork of others, related to hazardous waste or asbestos activity.
<br />The above indemnification provision extends to claims against Montgomery which arise out of, are related to, or are based upon. the dispersal.
<br />di4wharge. escape. release or saturation of smoke. vapors, soot. domes, acids• alkalis• toxic chemicals, liquids, gases or any other material. irritant,
<br />contmminanl or pollutant in or into the atmosphere. or on. onto. Upson. in or into the surface or subsurface (a) soil. (b) water or watercourses. (c)
<br />objects, or (d) any tangible or intangible matter, whether sudden or not.
<br />(e) Notwithstanding any provisions it this Agreement to the contrary• if' this project involves construction as that term is generally understood.
<br />and Montgon►ery does not provide Engineering Services during construction including but not limited to, on-site monitoring, site visits, shop
<br />thawing review. design clarifications, etc.. Owner agrees to indemnih- and hold harmless the Montgomery lrom any and all liability arising out of
<br />this project or Agreement.
<br />2. DOCUMENTS
<br />(a) All tracings, sur•ev notes, and other original documents as instruments of service are and shall remain the property of Montgomery• except
<br />where by law' or prececknt these documents become public property. Owner agrees to hold harmless. indemnify and defend Montgomery against all
<br />damages, claims. e.xpenses and losses arising out of am• reuse of the plans and specifications without the written authorization of Montgomery.
<br />(h) All computer programs, soliware and other like data developed during the course of" the project. unless specificalh developed for the client,
<br />ac and shall remain the sole property of Montgomer.
<br />(c) Montgon►er's liability to owner for any computer programs, software products or related data furnished hereunder is lin►itcrl solely to the
<br />correction M residual errors. minor maintenance. or update as agreed. Montgomery makes no warranties of any kind. including any implied
<br />warranty of merchantability or of fitness for any particular purpose or against infringement. with respect to computer programs. software products,
<br />related data. technical information or technical assistance provided by Montgomery under this agreement. In no event shall Montgomery, its
<br />officers, agents or employees be liable under or in connection with the agreement under any theory of tort, contract, strict liability, negligence, or
<br />other legal or equitable theory for incidental or consequential damages relating to any com-put-
<br />furnished hereunder. er programs, software products or related data
<br />
|