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timely completion, and the coordination of all instru- ments of its services including designs, drawings, specifi- cations, reports [Service Instruments] and other services provided under this Agreement. 1.4 Applicable Codes. The Service Instruments will conform to the generally accepted codes and regulations applicable to the Project at the time of performance. 1.5 Indemnification. Malcolm Pirnie agrees to indem- nify and hold the Client harmless from all losses and damages resulting from Malcolm Pirnie's failure to meet the Standard of Care. 1.6 Contract Documents. The Service Instruments shall incorporate Malcolm Pirnie's standard construction documents [Contract Documents]. Malcolm Pirnie shall be an additional insured on comprehensive general liability and "all risk"/builders risk property damage insurance policies which the construction contractor(s) for the Project [Contractor] shall provide. All contracts between the Client and Contractors] for the Project shall require the Contractor(s) to indemnify and hold the Client and Malcolm Pirnie harmless from any and all legal actions and liabilities arising out of the con- struction of the Project including, but not limited to, injury to or death of any person or injury or destruction of tangible property, not caused by the sole negligence of the party to be indemnified. 1.7 Subcontractors. Any subcontractors and outside associates or consultants to be engaged by Malcolm Pirnie under this Agreement are limited to those identified in Schedules A and B, or as the Client specifi- cally approves during the performance of this Agree- ment. 1.8 Hazardous Wastes. Client represents that the Project does not contemplate the performance of services, professional or otherwise, related to toxic or hazardous wastes. Malcolm Pirnie is not responsible for and shall be held harmless from all costs and other liabilities arising from the presence in or about the Project of toxic or hazardous wastes and other pollut- ants, whether or not designated as such by law or regulation. 1.9 Construction Phase Services. Malcolm Pirnie shall provide construction phase services in accordance with Schedule A and act as the Client's representative at the Site in accordance with the General Conditions of the Contract Documents as modified by Schedule D. 1.10 Payment. Payment for Basic Services shall be in accordance with Section 5 and Schedule C. SECTION 2 -ADDITIONAL SERVICES 2.1 Scope. Malcolm Pirnie will provide the Additional Services described in Schedule B when authorized in writing by the Client. 2.2 Payment. Payment for Additional Services shall be in accordance with Section 5 and Schedule C. SECTION 3 -CLIENT'S RESPONSIBILITIES Unless stated otherwise in Section 8, the Client shall do the following in a timely manner: 3.1 Client's Representative. Designate a representative having authority to give instructions, receive information, define Client's policies, and make decisions with respect to the Project. 3.2 Project Criteria. Provide all criteria and informa- tion as to Client's requirements for the Project, includ- ing design objectives and constraints, space, capacity and performance requirements, and any budgetary limita- tions. Furnish copies of all design and construction standards which Client will require to be included in the Service Instruments. 3.3 Data. Provide all available information, including previous reports and any other data in the possession of the Client relevant to design or construction of the Project. These data may include (1) data prepared by others, including borings, subsurface explorations, hydro- graphic surveys, and laboratory tests and inspections of samples, materials and equipment, (2) appropriate professional interpretations of such data, (3) environ- mental assessments and impact statements, (4) proper- ty, boundary, easement, right-of-way, topographic and utility surveys, (57 property descriptions, zoning, deed and other land use restrictions, and (6) other necessary special data or consultations. Malcolm Pirnie may rely on the accuracy and completeness of the supplied data. 3.4 Surveys. Provide engineering surveys to define con- struction reference points to enable Contractor to lay out Project construction. 3.5 Access. Arrange for Malcolm Pirnie to enter upon public and private property as necessary. 3.6 Review. Examine the Service Instruments and obtain the advice of attorneys, insurance counselors or NMFPU.C/swm 1943-01-1