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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 subject 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 EiVGINEER under this agreement shall be performed in a manner
<br /> consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar
<br /> conditions at the time and in the locality the services are performed.
<br /> • Client recognizes that interpretations and recommendations of ENGINEER are based solely on the
<br /> information available to the company.
<br /> • ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible
<br /> for the interpretation by others of the information developed
<br /> • Services provided reflect the professional judgment of ENGINEER,to the best of ENGINEER's knowledge,
<br /> information, and belief as of the date hereof.
<br /> • No other warranty or guarantee,express or implied, is made.
<br /> 2. Said design is based entirely on and expressly limited by the scope of services 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 construction phase services or site visits, it is understood that the Contractor, not
<br /> the ENGINEER, is responsible for the construction of the project,and that ENGINEER is not responsible for the acts
<br /> or omissions of any contractor, subcontractor or material supplier;for safety precautions, programs or enforcement;
<br /> or for construction means, methods,techniques,sequences and procedures employed by the Contractor.
<br /> 4. OWNERSHIP OF DOCUMENTS:All reports,field data,field notes,calculations, estimates and other documents
<br /> ('reports')prepared by Engineer, as instruments of service, shall remain the property of Engineer. Client agrees that
<br /> all reports furnished to Client or his agents,which are not paid for,will be returned upon demand and will not be used
<br /> by Client for any purpose whatever. Engineer will retain all pertinent records relating to the services performed for a
<br /> period of five years following submission of the report, during which period the records 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 /> Client 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,officers, directors, agents, insurers, partners, and consultants,any and all claims for or entitlement to
<br /> special, incidental, indirect,or consequential 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 shall be limited to the total amount of
<br /> compensation received by ENGINEER and(3) if an action is brought against the ENGINEER and the ENGINEER
<br /> prevails, ENGINEER shall be entitled to recover costs and expenses, including reasonable attorneys'fees and costs.
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<br /> CRITERIUM-SCHIMNOWSKI ENGINEERS f '"'`
<br /> TEL 651 779-7700
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