PSA - Mayflower Rd Reconstruction Proj No 125-037 - JQOL Inc

Home Browse Search

April 25, 2025 Page 5 of 8 8440 Allison Pointe Blvd, Suite 425 Indianapolis, IN 46250 317-661-1964 www.jqolusa.com www.jqolusa.com 317-661-1964 8440 Allison Pointe Blvd, Suite 425 Indianapolis, IN 46250 Terms and Conditions This is an agreement effective as of the date signed by Client (“Effective Date”). Termination – The obligation to continue performance under this Agreement may be terminated: 1. For cause, by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Consultant for its services is a substantial failure to perform and a basis for termination. 2. For cause by Consultant – Upon seven days written notice if Client demands that Consultant furnish or perform services contrary to Consultant’s responsibilities as a licensed professional; or upon seven days written notice if the Consultant’s Services are delayed for more than 90 days for reasons beyond Consultant’s control. 3. Consultant shall have no liability to Client on account of a termination for cause by Consultant. 4. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure in item 1 above if the party receiving such notice brings, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 5. Client may terminate for convenience effective upon Consultant’s receipt of written notice from Client. 6. In the event of any termination under this section, Consultant will be entitled to invoice Client and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and subconsultants’ charges, if any. General Considerations 1. The standard of care for all professional engineering and/or surveying services and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Consultant. Subject to the foregoing standard of care, Consultant and it’s subconsultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to specialty contractor, manufacturers, suppliers, and the publishers of technical standards. 2. Consultant shall not at any time supervise, direct, control, or have authority over any Contractor’s work, nor shall Consultant have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Contractor to comply with laws and regulations applicable to such Contractor’s furnishing and performing of its work. Consultant shall not be responsible for the acts or omissions of any Contractor. 3. Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish and perform its work.