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6. WAIVER. HRG's waiver of any term, condition, or covenant or breach of any term,
<br />condition, or covenant, shall not constitute a waiver of any other term, condition, or
<br />covenant, or the breach thereof.
<br />7. ENTIRE AGREEMENT. This Agreement, and its attachments, constitutes the entire
<br />understanding between CLIENT and HRG relating to professional engineering services.
<br />Any prior or contemporaneous agreements, promises, negotiations, or representations not
<br />expressly set forth herein are of no effect. Subsequent modifications or amendments to this
<br />Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT,
<br />its officers, agents, or employees request HRG to perform extra work or services pursuant
<br />to this Agreement, CLIENT will pay for the additional services even though an additional
<br />written Agreement is not issued or signed.
<br />8. SUCCESSORS AND ASSIGNS. All of the terms, conditions, and provisions hereof shall
<br />insure to the benefit of and be binding upon the parties hereto, and their respective
<br />successors and assigns, provided, however, that no assignment of this Agreement shall be
<br />made without written consent of the parties to this Agreement.
<br />9. OPINION OF PROBABLE CONSTRUCTION COSTS. Opinion of probable construction
<br />costs for the facilities considered and designed under this Agreement are prepared by HRG
<br />through exercise of its experience and judgment in applying presently available cost data,
<br />but it is recognized that HRG has no control over costs of labor and materials, or over the
<br />construction contractor's methods of determining prices, or over competitive bidding
<br />procedures, market conditions, and unknown field conditions so that HRG cannot and does
<br />not guarantee that proposals, bids, or the project construction costs will not vary from
<br />HRG's opinion of probable construction costs.
<br />10. INJURY TO WORKERS. It is understood and agreed that HRG's fee is based on HRG
<br />being named as an Additional Insured on construction contractor's insurance policy for
<br />Comprehensive General Liability and Builders All Risk Liability, and CLIENT agrees to
<br />insert into all Contracts for construction between CLIENT and construction contractor(s)
<br />arising out of this design a provision requiring the construction contractor(s) to defend,
<br />indemnify, and hold harmless both CLIENT and HRG from any and all actions arising out of
<br />the construction project, including, but not limited to, injury to or death of any worker on the
<br />job site, not caused by the sole negligence of CLIENT or HRG.
<br />11. SITE VISITS. Visits to the construction site and observations made by HRG as part of
<br />services during construction under this Agreement shall not make HRG responsible for, nor
<br />relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring
<br />of the work sufficient to ensure conformance with the intent of the Contract Documents, and
<br />shall not make HRG responsible for, nor relieve the construction contractor(s) of the full
<br />responsibility for all construction means, methods, techniques, sequences, and procedures
<br />necessary for coordinating and completing all portions of the work under the construction
<br />contract(s), and for all safety precautions incidental thereto. Such visits by HRG are not to
<br />be construed as part of the observation duties of the on -site observation personnel defined
<br />below.
<br />12. ON -SITE OBSERVATION. When HRG provides on -site observation personnel as part of
<br />services during construction under this Agreement, the on -site observation personnel will
<br />make reasonable efforts to guard CLIENT against defects and deficiencies in the work of
<br />the contractor(s), and to help determine if the provisions of the Contract Documents are
<br />being fulfilled. Their day -to -day observation will not, however, cause HRG to be
<br />responsible for those duties and responsibilities which belong to the construction
<br />contractor(s), including, but not limited to, full responsibility for the means, methods,
<br />techniques, sequences, and progress of construction, and the safety precautions incidental
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