|
(1) The total sum of $250,000 for claims arising out of professional negligence, including
<br />errors, omissions, or other professional acts, and including unintentional breach of contract; and any
<br />actual or potential environmental pollution or contamination, including, without limitation, any actual or
<br />threatened release of toxic, irritant, pollutant, or waste gases, liquids, or solid materials, or failure to
<br />detect or properly evaluate the presence of such substances, except to the extent such release,
<br />threatened release, or failure to detect or evaluate is caused by the willful misconduct of URS; or
<br />(2) The total sum of $1,000,000 for claims arising out of negligence, breach of contract, or
<br />other causes for which URS has any legal liability, other than as limited by (1) above.
<br />ARTICLE VI - Insurance. URS agrees to maintain during the performance of the Services: (1) statutory
<br />Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; and (4) Automobile
<br />Liability insurance coverage each in the sum of $1,000,000.
<br />ARTICLE VII - Consequential Damaqes. Neither Party shall be liable to the other for consequential
<br />damages, including, without limitation, loss of use or loss of profits, incurred by one another or their
<br />subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful
<br />misconduct, negligent act or omission, or other wrongful act of either of them.
<br />ARTICLE VIII - Client Responsibilitv. Client shall: (1) provide URS, in writing, all information relating
<br />to Client's requirements for the project; (2) correctly identify to URS, the location of subsurface
<br />structures, such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazarcious
<br />substances or other health and safety hazard or condition known to Client existing on or near the project
<br />site; (4) give URS prompt written notice of any suspected deficiency in the Services; and (5) with
<br />reasonable promptness, provide required approvals and decisions. In the event that URS is requested by
<br />Client or is required by subpoena to produce documents or give testimony in any action or proceeding to
<br />which Client is a party and URS is not a party, Client shall pay URS for any time and expenses required
<br />in connection therewith, including reasonable attorney's fees.
<br />Client shall reimburse URS for all taxes, duties and levies such as Sales, Use, Value Added Taxes, Deemed
<br />Profits Taxes, and other similar taxes which are added to or deducted from the value of URS Services. For
<br />the purpose of this Article such taxes shall not include taxes imposed on URS net income, and employer or
<br />employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries or
<br />any agency or subdivision thereof in which URS subsidiaries, affiliates, or divisions are permanently domiciled.
<br />It is agreed and understood that these net income, employer or employee payroll taxes are included in the unit
<br />prices or lump sum to be paid URS underthe respective Work Order.
<br />ARTICLE IX - Force Maieure. An event of "Force Majeure" occurs when an event beyond the control of
<br />the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force
<br />Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse
<br />weather), war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions
<br />or inactions of government or other authorities, law enforcement actions, curtews, closure of
<br />transportation systems or other unusual travel difficulties, or inability to provide a safe working
<br />environrnent for employees.
<br />In the event of Force Majeure, the obligations of URS to perForm the Services shall be suspended for the
<br />duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time
<br />expended and expenses incurred during the event of Force Majeure and the schedule shall be extended
<br />by a like number of days as the event of Force Majeure. If Services are suspended for thirty (30) days or
<br />more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the
<br />affected Work Order, or both. In the case of such termination, in addition to the compensation and time
<br />extension set forth above, URS shall be compensated for all reasonable termination expenses.
<br />PSA-1.D0C 19-Mar-02 - Z -
|