|
<br />Mr. Stephen Barr
<br />Fairmont Parkway Hike and Bike Trail
<br />June 23, 2008
<br />
<br />HUITT-ZOLlARS
<br />
<br />performance of services hereunder, including, but not limited to loss of profit or business
<br />interruption, whether caused by negligence of HZ or otherwise. HZ shall use reasonable and
<br />acceptable methods in preparing designs and cost estimates and in providing Construction Phase
<br />Services (where required) but does not serve as guarantor and shall not be responsible for bids
<br />varying above or below estimates, or for the Construction Contractor's failure to perform the
<br />work in accordance with the Construction Documents. Revisions to Contract Documents during
<br />the Construction Phase resulting in added construction work are not unusual. Therefore,
<br />reasonable Construction Phase contingency reserve funds should be established by the Client. On
<br />fast-track projects with multiple construction packages and accelerated schedules, reduced
<br />escalation accrues as a benefit to the Client, and the Client should anticipate increased changes
<br />during construction to affect interface between bid packages and to resolve design ambiguities
<br />and conflicts.
<br />
<br />7.2 HZ shall be included as additional insured, where construction is involved, on the Builder's Risk
<br />policy (on All-Risk Basis) and on Client's Protective Liability Policy. HZ shall not have control
<br />of or charge of and shall not be responsible for construction means, methods, techniques,
<br />sequences or procedures, or safety precautions and programs in connection with the activities of
<br />the Construction Contractor.
<br />
<br />7.3 As to warranty of, or patent indemnity on, items of machinery, equipment, or other products
<br />manufactured by others, or work of construction contractors, subcontractors, or manufacturers,
<br />HZ's responsibility with respect thereto is limited to the assignment by HZ to the Client of the
<br />Construction Contractor's (or manufacturer's) warranty, guaranty, or patent indemnity, and HZ
<br />agrees to cooperate with the Client in the enforcement thereof.
<br />
<br />8.0 Force Majeure
<br />
<br />HZ shall not be responsible or liable for any loss, damage, or delay caused by force majeure,
<br />which shall include riot, insurrection, embargo, fire or explosion, the elements, act of God,
<br />epidemic, war, vandalism or sabotage, earthquake, flood, strike, boycott, picketing, act of any
<br />government official or agency - civil or military, unavoidable accident, unlawful act of third
<br />parties, or any cause, whether or not similar to the foregoing, which is beyond HZ's reasonable
<br />control.
<br />
<br />9.0 Consequential Damages
<br />
<br />The Client shall not be liable to HZ and HZ shall not be liable to the Client for any consequential
<br />damages incurred by either due to the fault of the other, regardless of the nature of this fault, or
<br />whether it was committed by the Client or HZ, their employees, agents or subcontractors.
<br />Consequential damages include, but are not limited to, loss of use and loss of profit.
<br />
<br />10.0 Miscellaneous Provisions
<br />
<br />10.1 Unless otherwise specified, this Agreement shall be governed by the laws ofthe State of Texas.
<br />
<br />10.2 As between the parties to this Agreement; as to all acts or failures to act by either party to this
<br />Agreement, any applicable statute of repose and limitations shall commence to run and any
<br />alleged cause of action shall be deemed to have accrued in any and all events not later than the
<br />relevant date of Substantial Completion of the Work (as defined in the Construction
<br />Specifications).
<br />
<br />Page 8 of 10
<br />
|