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' 805 Forest Arms Lane, Orono, Minnesota
<br /> � August 17, 2016
<br /> Page 2 of 2
<br /> TERMS AND CONDITIONS
<br /> This WALL EVALUATION and ensuing recommendations is expressly made subjed to the following terms and
<br /> conditions to which all persons that receive and rely thereon agree:
<br /> 1.Standard of Service—Services performed by ENGINEER under this agreement shall be performed in a manner
<br /> consistent with the skill and care ordinarily used by members of the engineering profession pradiang under similar
<br /> conditions at the time and in the locality the services are performed.
<br /> • Client recognizes that irrterpretations and recommendations of ENGINEER are based solely on the
<br /> information available to the oompany.
<br /> • ENGINEER will be responsible for those interpretations and recommendations,but shall not be responsible
<br /> for the interpretation by others of the ir�formation developed
<br /> • Services provided reflect the professional judgment of ENGINEER,to the best of ENGINEER's knowledge,
<br /> informa6on,and belief as of the date hereof.
<br /> • No other wamanty or guarantee,express or implied,is made.
<br /> 2.Said design is based errtirely on and expressly limited by the scope of serv'ices ENGINEER has been employed by
<br /> Client to perForm and as described in WALL PROVISIONS and LIMITATIONS.
<br /> 3. If the ENGINEER is hired for any construdion phase services or site visits,ft is understood that the Contrador,not
<br /> the ENGINEER,is responsible for the constn�ction of the project,and that ENGINEER is not responsible for the ads
<br /> or omissions of any corrtrador,subcoMractor or material supplier,for safety precautions, programs or enforcement;
<br /> or for construdion means,methods,techniques,sequences and procedures employed by the Contrador.
<br /> 4.OWNERSHIP OF DOCUMENTS:All reports,field data,field notes,calculations,estimates and other documeMs
<br /> ('reports')prepared by Engineer,as instruments of service,shall remain the property of Engineer. Client agrees that
<br /> all reports fumished to Client or his agerrts,which are not paid for,will be retumed upon demand and wili not be used
<br /> by Client for any purpose whatever. Engineer will retain all perdnent records relating to the services performed for a
<br /> period of five years following submission of the report,during which period the reo�rds will be made available to
<br /> Client at all reasonable times.
<br /> 5.TERMINATION:This agreement may be terminated by either party by written notice. In the event of termination,
<br /> ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither
<br /> Clierrt not ENGINEER may delegate,assign,sublet or transfer his/her duties or interest in this Agreement without the
<br /> written consent of the other party.
<br /> 6. To the fullest extent permitted by law,Client and ENGINEER(1)waive against each other,and the other's
<br /> employees,oificers,directors,agents,insurers,partners,and cqnsulhants,any and all claims for or entitlement to
<br /> special,incidental,indirect,or consequen6al damages arising out of,resulting from,or in any way related to this wall
<br /> design and written report,(2)agree that ENGINEER's total liability to Client shalt be limited to the total amount of
<br /> compensation received by ENGINEER and(3)if an adion is brought against the ENGINEER and the ENGINEER
<br /> prevails, ENGINEER shall be entiUed to recover c�sts and expenses,inGuding reasonable attomeys'fees and costs.
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<br /> CRITERIUM-SCHIMNOWSKI ENGINEERS
<br /> TEL 651 779-7700 �
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