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This shall not be construed to relieve the Client or any of
<br />its contractors from their responsibilities for maintaining a
<br />safe jobsite. Neither the professional activities of
<br />PATRIOT, nor the presence of PATRIOTS employees
<br />and its subcontractors shall be construed to imply that
<br />PATRIOT has any responsibility for any activities on the
<br />site, which are performed by personnel other than
<br />PATRIOTS employees or subcontractors.
<br />10. CONFLICTS
<br />Should any element of the Terms and Conditions be
<br />deemed in conflict with any element of the
<br />proposal /contract, unless the proposal /contract clearly
<br />voids the conflicting element in the Terms and Conditions,
<br />wording of the Terms and Conditions shall govern. Any
<br />element of this agreement later held to violate a law or
<br />regulation shall be deemed void, but all remaining
<br />provisions shall continue in force. The Terms and
<br />Conditions set forth herein shall survive the termination of
<br />this contract. No action, legal or otherwise, may be
<br />brought against PATRIOT arising from its performance of
<br />services under this contract, whether for breach of
<br />contract, tort, or otherwise, unless PATRIOT shall have
<br />received within two (2) years after completion of services
<br />under this contract a written notice specifying the alleged
<br />defects in PATRIOTS performance or other breach.
<br />11. CONSEQUENTIAL DAMAGES
<br />In no event shall either party be liable to the other party for
<br />any consequential, incidental, or indirect damages
<br />including, though not limited to, loss of income, loss of
<br />profits, loss or restriction of use of property, or any other
<br />business losses regardless as to whether such damages
<br />are caused by breach of contract or warranty, negligent
<br />acts or omissions, or other wrongful acts.
<br />made by PATRIOT and its subcontractors, and that the
<br />data interpretations and recommendations of PATRIOT'S
<br />and its subcontractors are based solely on the information
<br />available to them. PATRIOT will only be responsible for
<br />data, interpretations, and recommendations based on
<br />information obtained from the locations sampled,
<br />monitored, and explored by PATRIOT and its
<br />subcontractors, but shall not be responsible for the
<br />interpretations by others of the information obtained and
<br />reported.
<br />14. DISPUTE RESOLUTION
<br />Any claim or dispute made against PATRIOT for
<br />inadequate, negligent, or improper performance of
<br />services by PATRIOT pursuant to this contract must be
<br />resolved by negotiation or mediation. Any party to this
<br />contract may demand that any such disputes be resolved
<br />by negotiation or mediation, unless the parties mutually
<br />agree otherwise. The Client and PATRIOT further agree
<br />to include similar dispute resolution provisions in all
<br />agreements with independent contractors and consultants
<br />retained for the project and to require all independent
<br />contractors and consultants also to include similar dispute
<br />resolution provisions in all agreements with
<br />subcontractors, subconsultants, suppliers or fabricators so
<br />retained, thereby providing for negotiation or mediation as
<br />the primary method for dispute resolution between the
<br />parties to those agreements.
<br />15.
<br />12. DELAYS IN WORK
<br />PATRIOT will charge the Client at standard rates for
<br />stand -by or non - productive time for delays in PATRIOTS
<br />work caused by the Client or Client's contractors unless
<br />otherwise specifically provided for in the contract. 16.
<br />13. SAMPLING OR TEST LOCATION(S)
<br />Unless otherwise stated, the fees in this proposal do not
<br />include costs associated with surveying of the site for
<br />accurate horizontal and vertical locations of tests or
<br />samples which, when referenced in PATRIOTS report, are
<br />based on information furnished by others and /or estimates
<br />made by PATRIOTS personnel and are only considered
<br />approximations, unless otherwise stated. PATRIOT may
<br />deviate a reasonable distance from any test or sampling
<br />location as specified by the Client. If, in order to complete
<br />a given soil boring to its designated depth, relocating the
<br />soil sampling location and associated sampling method is
<br />necessitated by encountering impenetrable subsurface
<br />objects, all work, including the original work performed, will
<br />be charged for at the appropriate rates in the fee schedule.
<br />Client recognizes that project site conditions may vary
<br />from those encountered at the locations where the
<br />borings, surveys, sampling, monitoring, or explorations are
<br />FAILURE TO FOLLOW RECOMMENDATIONS
<br />Client will not hold PATRIOT or its subcontractors liable for
<br />any consequential, incidental, or indirect damages or
<br />business losses that may occur based on, or which may
<br />result from PATRIOT'S or its subcontractors'
<br />recommendations that are not followed. Client waives any
<br />claim against PATRIOT and agrees to defend, indemnify,
<br />and hold PATRIOT harmless from any claim, liability for
<br />injury, or business loss that results from PATRIOTS
<br />recommendations that are not followed.
<br />FORCE MAJEURE
<br />Neither Client nor PATRIOT shall hold the other
<br />responsible for damages or delays in performance caused
<br />by events beyond the control of the other party and which
<br />could not reasonably have been anticipated or prevented,
<br />including but not limited to, acts of God, materially different
<br />site conditions, wars, riots, rebellions, sabotage, fires,
<br />explosions, accidents, Floods, strikes or other conceded
<br />acts of workers, lockouts, or changes in laws, regulations,
<br />or ordinances. The party intending to invoke force
<br />majeure shall provide prompt notice to the other party.
<br />17. RIGHT TO STOP OR DIRECT WORK
<br />Since PATRIOT'S duties and services are limited to the
<br />scope of work proposed and contracted with the Client to
<br />perform, PATRIOT shall not under any circumstances give
<br />a stop -work order or direct work, either for quality, safety
<br />or any other reason, unless directed solely to PATRIOT
<br />personnel or its subcontractors' personnel. Neither shall
<br />PATRIOT be responsible for the possible consequences of
<br />not issuing a stop -work order. PATRIOT will only report to
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