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CHRISTOPHER B. BURKE ENGINEERING, LLC <br />GENERAL TERMS AND CONDITIONS <br />elationshi Between En ineer and Client: Christopher B. Burke Engineering, LLC <br />( ngineer) shall serve as Client's professional engineer consultant in those phases of <br />we 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 <br />in the performance of this Agreement and it is understood that the parties have not <br />ntered into any joint venture or partnership with the other. The Engineer shall not <br />Lie considered to be the agent of the Client. Nothing contained in this Agreement <br />shall create a contractual relationship with a cause of action in favor of a third party <br />against either the Client or Engineer. <br />urthermore, causes of action between the parties to this Agreement pertaining to <br />cts of failures to act shall be deemed to have accrued and the applicable statute of <br />I mitations 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 <br />ngineering practices and principles, and in a manner consistent with that level of <br />are and skill ordinarily exercised by members of the profession currently practicing <br />i the same locality under similar conditions. No other representation, express or <br />i plied, and no warranty or guarantee is included or intended in this Agreement, or <br />i any report, opinion, document, or otherwise. <br />otwithstanding anything to the contrary which may be contained in this Agreement <br />r any other material incorporated herein by reference, or in any Agreement between <br />ie Client and any other party concerning the Project, the Engineer shall not have <br />sintrol or be in charge of and shall not be responsible for the means, methods, <br />?chniques, sequences or procedures of construction, or the safety, safety precautions <br />r programs of the Client, the construction contractor, other contractors or <br />ibcontractors performing any of the work or providing any of the services on the <br />roject. Nor shall the Engineer be responsible for the acts or omissions of the Client, <br />r for the failure of the Client, any architect, engineer, consultant, contractor or <br />.ibcontractor to carry out their respective responsibilities in accordance with the <br />roject documents, this Agreement or any other agreement concerning the Project. <br />ny provision which purports to amend this provision shall be without effect unless it <br />:)ntains a reference that the content of this condition is expressly amended for the <br />urposes described in such amendment and is signed by the Engineer. <br />3. han es: 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 />( uspension of Services Order), require Engineer to stop all, or any part, of the services <br />r quired by this Agreement. Upon receipt of such an order, Engineer shall <br />