PSA - CNG-RIN Generation Third- Party Engineering Review - Pinnacle Engineering

Home Browse Search

Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 3 of 8 IV.2 Client agrees that all original documents, in written form, electronic form or by other means, prepared by Pinnacle as part of the Work covered by this Agreement and the attached Scope of Work remain the property of Pinnacle. IV.3 Client agrees that all tangible work furnished pursuant to this Agreement and the attached Scope of Work that is not timely paid for will be returned immediately to Pinnacle upon written demand. Any tangible work returned to Pinnacle for failure of payment will not thereafter be used by Client for any purpose. IV.4. Full payment on invoices submitted by Pinnacle to Client for work performed is due within 30 days from the date of the invoice. Client agrees that if its account is referred by Pinnacle to an attorney or collection agency for collection, Client will pay to Pinnacle all costs of collection, including reasonable attorney fees. Article V – Indemnification and Defense V.1. Client will defend, indemnify and hold harmless Pinnacle from and against all claims, damages, losses and expenses, including but not limited to attorney fees, arising out of, resulting from or in any manner connected with the Project or the performance or nonperformance of this Agreement or the Work. Immediately upon written demand from Pinnacle, Client agrees to defend, indemnify and save harmless Pinnacle from all such claims including, without limiting the generality of the foregoing, claims for which Client may be or claimed to be liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph. Unless otherwise stated herein, the indemnity set forth herein will apply only to the extent that the underlying injury, loss or damage is attributable to any liability, act or omission, negligent or otherwise, including breach of a specific contractual duty or breach of a applicable law, ordinance, code, rule or other governmental regulation, of or by Client, Owner or any of the independent contractors, agents, employees or delegates of Client or Owner (other than Pinnacle). V.2 Client specifically agrees that Pinnacle will not be liable for any advice, judgment or decision based on any inaccurate information furnished by Client, Owner or other contractors and/or subcontractors engaged by and/or for Client or Owner. Client agrees the indemnity and defense obligations to Pinnacle (as stated in this Article) regarding such matters will apply regardless of whether the underlying injury, loss or damage is attributable to any liability, act or omission, negligent or otherwise, including breach of a specific contractual duty or breach of a applicable law, ordinance, code, rule or other governmental regulation, of or by Client, Owner or any of the independent contractors, agents, employees or delegates of Client or Owner (other than Pinnacle).