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CHRISTOPHER B. BURKE ENGINEERING, LTD. <br />GENERAL TERMS AND CONDITIONS <br />Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd. <br />(Engineer) shall serve as Client's professional engineer consultant in those phases of <br />the Project to which this Agreement applies. This relationship is that of a buyer and <br />seller of professional services and as such the Engineer is an independent contractor in <br />the performance of this Agreement and it is understood that the parties have not entered <br />into any joint venture or partnership with the other. The Engineer shall not be considered <br />to be the agent of the Client. Nothing contained in this Agreement shall create a <br />contractual relationship with a cause of action in favor of a third party against either the <br />Client or Engineer. <br />Furthermore, causes of action between the parties to this Agreement pertaining to acts <br />of failures to act shall be deemed to have accrued and the applicable statute of <br />limitations shall commence to run not later than the date of substantial completion. <br />2. Responsibility of the Engineer: Engineer will strive to perform services under this <br />Agreement in accordance with generally accepted and currently recognized engineering <br />practices and principles, and in a manner consistent with that level of care and skill <br />ordinarily exercised by members of the profession currently practicing in the same <br />locality under similar conditions. No other representation, express or implied, and no <br />warranty or guarantee is included or intended in this Agreement, or in any report, <br />opinion, document, or otherwise. <br />L Notwithstanding anything to the contrary which may be contained in this Agreement or <br />any other material incorporated herein by reference, or in any Agreement between the <br />Client and any other party concerning the Project, the Engineer shall not have control or <br />be in charge of and shall not be responsible for the means, methods, techniques, <br />sequences or procedures of construction, or the safety, safety precautions or programs <br />of the Client, the construction contractor, other contractors or subcontractors performing <br />any of the work or providing any of the services on the Project. Nor shall the Engineer <br />be responsible for the acts or omissions of the Client, or for the failure of the Client, any <br />architect, engineer, consultant, contractor or subcontractor to carry out their respective <br />responsibilities in accordance with the Project documents, this Agreement or any other <br />agreement concerning the Project. Any provision which purports to amend this provision <br />shall be without effect unless it contains a reference that the content of this condition is <br />expressly amended for the purposes described in such amendment and is signed by the <br />Engineer. <br />3. Changes: Client reserves the right by written change order or amendment to make <br />changes in requirements, amount of work, or engineering time schedule adjustments, <br />and Engineer and Client shall negotiate appropriate adjustments acceptable to both <br />parties to accommodate any changes, if commercially possible. <br />4. Suspension of Services: Client may, at any time, by written order to Engineer <br />(Suspension of Services Order) require Engineer to stop all, or any part, of the services <br />required by this Agreement. Upon receipt of such an order, Engineer shall immediately <br />comply with its terms and take all reasonable steps to minimize the costs associated <br />with the services affected by such order. Client, however, shall pay all costs incurred by <br />the suspension, including all costs necessary to maintain continuity and for the <br />14 <br />