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CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4
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<br />ACS 403C (01/25) AMERICAN ENGINEERING TESTING, INC.
<br />to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents
<br />and shall survive any such termination.
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<br />SECTION 17 - LIMITATION OF LIABILITY
<br />To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors,
<br />agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming
<br />through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resultin g from or in any
<br />way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict
<br />liability, breach of contract, or breach of warranty shall not exceed the total compensation in excess of costs received by A ET for Services or $50,000,
<br />whichever is less. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET.
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<br />SECTION 18 - POSTING OF NOTICES ON EMPLOYEE RIGHTS
<br />Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United
<br />States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employe es of their rights under Federal labor laws.
<br />The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement
<br />for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors
<br />working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster.
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<br />SECTION 19 - TERMINATION
<br />After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services
<br />performed, including demobilization and reporting costs to complete the Services.
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<br />SECTION 20 - SEVERABILITY
<br />Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force.
<br />However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which
<br />comes as close as possible to expressing the intent of the original provision.
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<br />SECTION 21 - GOVERNING LAW
<br />This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions.
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<br />SECTION 22 - ENTIRE AGREEMENT
<br />This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless
<br />of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agr eements, including purchase/work orders or
<br />other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties
<br />and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client
<br />as a condition for payment of AET's accrued Services.
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