In the event that OHS
Technology Group Inc. is bound by the terms of a Prime Agreement
with the client/Owner, OHS Technology Group Inc. shall be provided
with a complete copy of this agreement for our review and comment,
prior to the execution of the agreement.
Any items that are not specifically stated in the above proposed
services are to be considered excluded from this agreement,
and if requested, will constitute an additional service.
No deductions will be made from the compensation on account
of any penalty, liquidated damages or other sums withheld from
payments to contractors, or on account of the cost of changes
in the project.
In the event of any dispute, claim, question or controversy
arising out of this agreement, its performance, breach and/or
interpretation, the same will be determined by arbitration pursuant
to the Construction Industry Arbitration Rules of the American
Arbitration Association.
If the project is suspended in whole or in part for a period
of more than ninety (90) days and subsequently resumed, Infrastructure
Technologies Inc. will be entitled to an equitable adjustment
of our fee for basic services.
If the project design schedule or construction schedule exceeds
the schedule in this proposal by more than ninety (90) days,
the balance of the fee and outstanding invoices of more than
60 days shall be escalated 8% per annum.
OHS Technology Group Inc will not be responsible for or be liable
in any way with the discovery, presence, handling, removal,
disposal of or exposure of persons to hazardous materials in
any form at the project.
OHS Technology Group Inc will not be responsible for the acts
or omissions of the contractor, subcontractors or any other
persons performing any of the work or for the failure of any
of these parties to carry out the work in accordance with construction
documents.
This agreement may be terminated by either party upon fourteen
(14) days written notice in the event that the other party fails
substantially to perform its obligations under this agreement
through no fault of the party initiating the termination. OHS
Technology Group Inc will be paid for all services rendered
up to and including the date of termination.
Drawings, calculations and specifications as instruments of
service are and will remain at all times the exclusive property
of OHS Technology Group Inc. Associates, whether the project
for which they are made is executed or not. The instruments
of service are not to be used by the client and/or Owner for
other projects or extensions to this project except by written
agreement between and with appropriate compensation to OHS Technology
Group Inc
OHS Technology Group Inc. will not be liable to redesign to
meet the project budget costs unless this is a pre-condition
of the contract and Infrastructure Technologies Inc. has agreed
to the project budget costs.
Reimbursable Expenses
Reimbursable expenses will include the following
-
Out of town travel and travel related expenses (hotels, meals, car rental, taxis, etc.).
- Long distance telephone charges.
- Messenger service and express mail.
- Document printing, reproduction and plotting costs.
- Specialty consultants (if required and approved by the client).
- Services of systems testing agencies (if required and approved by the client).
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