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GLOBAL GED -ENGINEERING, ING— UPASANI x Exp. Date 03131/2-1y:
(sigoewm)
3 Corporate Park, Suite 270 U
Irvine, CA 92606 d. 2301 (prhq
Phone 949-221-0900
Fax 949-221-0091 0; F0 SGP
Email: global@globalgeo.net T TEcNN
9TFOF ,
70 A
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TERMS AND CONDUIONS OF AUTHORIZATION
Consultant shall serve Client by providing professional comm al and technical advice regarding subsurface conditions cam eatcat with dee scope of services agreed -w between
theparties. Consultant will use his professionaljmdgmeat and will perfrrenhis services using that degree of cateand skill ordinarily excmised under similar circumssame, by
reputablefa dationengineersand/orenginemiaggodogis6lnacticingintltisersimisr localities.
• In assisting Client, the Consultant may include or rely on information and drawings prepared by others fm the propose of clardcatiom reference or bidding,
however, by including do same, the Consultant assames an responsibility for the information shown thereon and Hent agrees that Consultmt is ant responsible for
any defects re its services that result from reliance on the information and drawings prepared by othvs. Consultant shall not be liable for my incorrect advice;
judgment or decision based on any mucc me information furnished by the Client or any thud party, and Hent will indemnify Consultant against claim, demands,
or liability arising out of, or contribute to, by such information.
Unless otherwise negotiated in writing, Client agrees to limit my and all liability, claim for damages, cost ofdefrese, orexp®ses to be levied against Consultant an
account of design defect, error, omission, or professional negligence to a sum mot to exceed ten thousand dollars car charged fees whichever Is les. Further,
Client agrees to notify my construction cantactororsubcontractor whomay perform work on cmnection with any design, report, ar study prepared by Consultant
of such limitation of liability for design defects; errs, omissions m professional neglignme, and-mquue as a condmon precedent m thearperforming the weds a
like limitation of liability on their part as against the Consultant In the event the Client fails to obtain a like limitation of lability provision as to design defects,
era, omissions or professional negligence, my liability of the Client and Cessubant to such contractor or subcontractor arismg art of a negligence shall be
allocated between Client and Consultantana tranam that tireaggregateliability of Consultant for such design defects to all parties, including the Client shall
not exceed ten thousand dollars m charged fees whichever is Im. No warranty, expressed or implied of mcadinu mblity or fitness, is made or intended it
connection with the work m be performed by Consultant or by the proposal for consulting or ther services or by the fmnishmg of oral or written reports or findings
made by Consultant .
• The Client agrees, to the fullest extent permitted by law, to ivdermdy, defend and hold broadens the Consuln mt its officers, due sears, employees, agents and
subcovsultanm been and against all claims, damages, liabilities or costs, including reasonable atmmey's fees and defense cam, of my Hahne whahrom r mismg
from or in connection with the Project m the extent that said claims, damages, liabilities or costs arise out of the work, service, or conduct of Client or CtiwPs
contractors,subcomulmnm,aothe diHpadynotmder Consuta esmuh L Client father agrees dem the duty to defend settade herein aisrs immedately and
a nut contingent on a finding of faultagaivat Clien or Client's covtmchns, mbcomadmvts, or other mud parties. Cleat shall not be obligm:dmderdeis pour cion
m mdemnify Consultant fm Censd=fs mle vegligeace orwillfulmisconduct
Client shall grant fee access m the site for all moccoary equipment and pasomel and Client shag notify any and all prosessms of the project she that Client has
granted Consultant free access to the projat site atm ebarge m Consultant mless expressly agreed m otherwise is writing.
If Client is not the property comer for the subject Project, Client agrees that it will notify the property owner of the terms of this agreement and obtain said property
owner's approval to the terata and conditions herein. Should Client fail to obtain the property manes agreement as requved bereis, Client agars to be solely
responsible to Consultant far all damages, liabilities, costs, mchtding litigation fees and costs, arising from such failure that exceed that laudation of Consulostfs
liability herein.
Client shall foram for Consultant and shag assume responsibility for the accuracy of his repraeutations as to the locations of all underground utilities and
installations. Comultantwillmtbempoanbh:fmdavagowmysuchudEthsorivstallatimmtmla ted
Client and Consultant agree to wive claims against each other for consequential damages arising ear of ca relating to this agreement. Neither party m this
agreement shall assign the contract widen[ the express, written consent of the other party.
• Consultant agrees mover all open test holes and place a cover m carry a 200 -pound load an each hole prim to leaving project site mmaneuhd. Consultant agrees
that all tat holes will be backfilled upon completion of dee job. However, Client may request test holes to remain open after Completion of COnsubs weds In
dee event Client agrees to pay far all costs associated with covering and backfilling said tat holes at a later date, and Client shall indenmify, defend and hold
harmless Consultant for all claims, deumnds and liabilities arising from his requ st exceptfm the sole negligence of the Consultant to the extentpe®ued by law.
Consultant shatl mat be respoveble for the general safety on the job or for the work of Client other contactors and third parties.
Consultant shall be excused for any delay m completion of the camas[ caused by acts of God, acts of the Client or Client's agent and/or canncmrs, mclerreut
weather, labor trouble, acts of public utilities, public bodies, or inspxlms, exha wort, failure of Client m make payments promptly, m other contingencies
unforeseen by Consultant and beyond reasonable control of the Consultant
In the event deat eideer party desires m rerminam thin counct l norm completion of the project written notification of such intention m terannafe mustbe teodeed
to the other party. In the event Client notifies Consultant of such intention to terminate Consultant's services prim m completion of the construct Consalant
reseves the right to complete such aalysis and records as are necessary to place files in order, to dispose of samples, pmt equipment in order, and (where
considered necessary to protect his professional reputation) an complete a report an the wnrkpafonned to daze. In the eveotthat Cmsmltaot incurs omim Client's
termination of this Agreement ammunition charge to cover such cast shall be paid by Client
Ifthe Client is a corporation, the individual ormalividods who sign ormitial this Cmhuct on behalf oftheClient gnarmteethat Clieotwillperf®ffi dofirsmmder
this,Comhact. The individeralor individuals an signing orinuialing aria Conmactvammtthattheyamddymthodredagenaofd.Client
Any notice requited or permitted under this Contruc[may be given by ordinary mail a the address contained in this Cmtnmq but such address may be changed by
written notice given by one party m dee other from time m time. Nonce shall be deemed received in the ordinary comae of the mal Thm agreement shallbe
deemed mhave been enteredinfo the County of Orange, State ofCald rrom.
LIMITATIONS
andaebased
ander Consultant'sdhectcootrol. Noodeerwarmtyheminisexpmswdmimplied.
m accodance with geoeally accepted professional practices
cabilhy for the proper exeadon of the wodc by others by
deficommu a or defectis in the work perfored by others not