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Donohue
<br />CCINDRAL TERMS AND CONDITIONS Effective N.eemher 1, 1985
<br />i. nowill
<br />lhuetOmer
<br />l�'th net
<br />payment
<br />1301
<br />days. due balances
<br />shall subject
<br />after givingset7)days written notice,
<br />servicechargeets realOtPrr+onth. In addition. Donohue Pay,
<br />suspend service under any agreement until the Owner has paid In full all "ovate due for services rendered and
<br />expenses Incurred. including a service charge on Mat due Invoices.
<br />s
<br />? Thm stated fees and store of services constitute our beet estimate of the fees and teaks required to perform the
<br />services as defined. Tbls agreement, upon execution by both parties hereto, can be "ended only by Witten
<br />ptual or process
<br />alostrurent ctivities often dby cannotboth
<br />be fully defineds. oduring those
<br />initialproject
<br />planning. Asptheevroject progresses, efact$auncavrredent taa)�
<br />reveal onChange in direction which my
<br />agreement the can scope. 0H enat ewill
<br />ted as uprom promptly inform
<br />:he Umer In v[fling of surd
<br />,flos
<br />so
<br />chan
<br />es
<br />J. Costa and schedule coamitaents shall be subject to renegotiation for delays caused by the Owner', failure to provide
<br />specified facilities or lufonation or for delays caused by unpredictable occurrences Including, without limitation,
<br />services, praceaariots.
<br />ahutdanaeaAct, of !God ortythe labor
<br />publicr Ematerials,or actsdelays
<br />or regulatiis ons of anyliers of governmentalrials agency.
<br />Temporary delays of serous.. <a "d by any Of the above which reaulta In ad.11tional costs beyond those outlined may
<br />require reaegotlatfan of this agreenen[.
<br />e. Donohue will maintain insurance coverage for, Worker's Compensation, General Liability. 11 the Ownile r refute,
<br />coverage. andor ! Professional
<br />Liabadditionto[none hue will
<br />lfec[rovideas ul specs id etlimits [hupogreeient, premiums fo eadditioonal
<br />Insurance shall be paid by the Omer-
<br />S. Donahue and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal,
<br />release. or escapement Of pollutants. and the responsibility for the owners and "Intesunre of any toxic,
<br />hazardous, or asbestos satirists relating to the project, remain with the Owner. Donohue and the Owner acknoviedga
<br />that Donohue's professional liability policy does nct apply to claims arising out of the actual, alleged, or
<br />threatened discharge, dispersal, release, or escapement of pollutants. Therefore, the Owner agrees not to bring a
<br />claim against Donohu! relating to the unlnaured liability aLreferenced above. Furthermore, the Owner agreee to
<br />indemnify and hold harmless Donohue for claims against Oanuhue by a third arty for the uninsured 1Llllty
<br />referenced above. Donohue agrees to rerform the services to the normal accepted standard of care, and to assume the
<br />liability resulting from a finding e[ gross negligence.
<br />6. When Donohue, subsequent to execution of an agreement, finds that specialized equipment must be purchased to provide
<br />pecl I service?
<br />outside the slope of Omer has Services, the
<br />fled cost of su
<br />agreee equipment and/or apecfal ear vises will not be added
<br />to the
<br />1. The Owner agrees to provide such legal, accounting, and Insurance coups+ Jng services as may be required for the
<br />1 project.
<br />d. Termination of this agreement bwn
<br />y the Omer or Donohue shall De effective upon seven 171 days' written notice to the -
<br />re A
<br />other party. The written notice shall Include the reasons and details for le dues" e0otatedelnill paragrapreph 1.
<br />final Invoice showing all charges Incurred through the date of teral"tionr payment
<br />If the Owner violates any of the agreements entered into between Donohue and the Owner or If the Owner falls to
<br />these tens and conditions. Donohue say, upon seven (7) days' written
<br />carry out any of the dudes contained In
<br />noticesuspend services wltbout further obligation or ll.ilitfty to the Owner "nine, within such seven 171 day
<br />period., the Owner renedfes such violation to the reasonable satisfaction of Donohue.
<br />or
<br />g. Reuse of shall be at thecOOmer', risk. ThetoOmer project
<br />agrees Dtothe
<br />defendd. indemnify, and holdthis
<br />harmless! Donohue from all other
<br />claims,
<br />damages, and expenses Including attorney'/ fee, arising out of such reuse of the documents by the Owner or by others
<br />acting through the Owner.
<br />10. Donohue will provide all service, In accordance vlch generally steepled psuch Practices
<br />cespranocea. Donohue wall not
<br />provide or offer to provide services Inconsistent with or contrary to such p subject nor melee any warranty or
<br />r in Its
<br />guarantee. expressed or Implied, nor to have any agreepent or contract for services subject to the provisions o! any
<br />nn/forw crnerelel code. S:m lo'anooticeoOf hue -111 not accept authoritst.jos to p,ceeed, except terms me set forthcond ehereineorbexpresy the Own
<br />raccepted
<br />purchase order, requisition, _
<br />in urltinq. Written acknouledvenent of receipt, or the actual perforeance of services out wquent to «ed pt of cur
<br />purchase order, requisition, sconditions no Icontrary tohthoee set forth IOn to pturtle.
<br />raceed !s specifically deemed not to constitute
<br />acceptan
<br />e Of
<br />ter
<br />s or
<br />rvices as
<br />fined in this
<br />It. D�no`neprov ldeintends
<br />edvlceserve
<br />and consult CfonstoroCh:efo of rn;rem<nprofessional. Antive for those yeopinions
<br />of
<br />eprobable project costs,
<br />approvals, and other decisions maddDon DoJudnohue
<br />the Omer are rendered on the Daala o! experience end
<br />qualifications and represent our professional
<br />12. This se
<br />agreement shall not be construed a giving Donahue racedureeonof ieanetructieor e reelected to direct
<br />contractorsior
<br />construction means, me' 'aa, teclolquea, sequence, ar p
<br />subcontractors or the Salt .y precautions and programs Incident to the work of the contractors or subcontractors.
<br />13. Donohue Is an Affirmative action employer And operates under Executive Order 11246.
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