These Terms and Conditions, including any Additional Provisions which are or may become applicable to the services described shall also be incorporated by reference into any agreement under which servic. are to be performed by Lisko Environmental, LLC (LISKO) for the Client
- 1. PARTIES AND SCOPES OF SERVICES (a) “LISKO. means the company or as division, subsidiary, subcontractor or affiliate performing the work This ‘Agr.mene consists of _JSKO’s Proposal, LISKO’s Standard Billing Rates and these Terms and Conditions. ‘Client’ means the person or entiry ordering the work to be done by LISKO. If Client is ordering tile work on behalf of another, Client represents and warrants that Client is the authorized agent of the pa, for the purpose of ordering and directing the work and in such case the term Then, also includes the principal for whom the work is being performed. (b) The services that LISKO will provide are soecificalry descnbed herein
- 2. PERFORMANCE: LISKO will conduct services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of USK. profession currently practicing in the same locality under similar conditions where such services are performed LISKO MAKES NO OTHER WARRANTY, GUARANTEE, OR CERTIFICATION, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY SERVICES PERFORMED. LISKO SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGE, COST OR EXPENSE, INCLUDING ATTORNEY FEES, OR OTHER LIABILITY OR LOSS NOT CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LISKO
- 3. TERMINATION rus Agreern.,1 maY bY Par,. ‘,vim of wit,. cause. by providing ten 10j days prioi wi Merl notice to Me nonderminating par, In the event of termination. LISKO shall be paid all costs and fees for all work authorized and performed as of the effective date of termination, plus any additional charges agr.able to Client. to cover a, final work necessary to brmg ongoing work to a logical conclusion Any nghts provided by this Section are in addition to all other rights and remedies that belong to either party.
- 4. PAYMENT The lump sum is due upon online purchase.
- 5. INDEMNITY ,ient shall indemnify, protect and hold LISKO a. its officers. directors, shareholders, and agents harmless from and against all liability, claims, demands, losses, damages. expenses and costs (including reasonable attorney fees), related in any way to USK°, performance of services under this Agreement provided, however that Client shall not be obligated to indemnify LISKO and its officers, directors, shareholders, and agents for any injury or damage caused by the negligence or willful mis.nduct of USK° LISKO shall indemnify, protect and hold Client harmless from and against all liability, claims. demands, losses, damages. expenses, a. costs which are the result of the negligence or willful misconduct of LISKO, subject to all limitations, exceptions and exclusions in this Agr.ment.
- 6. Reserv.
- 7. ACCESS TO SITE Client will provide access TO each site upon which LISKO will perform its work. If work is required on a site not owned by Client Client represents and warrants :hat Ciiert nas °mauled all necessary permission, in writing, for LISKO to enter the site and conduct its work. Client shall, upon request, provide LISKO with evidence of such permission as well as acceptance of the other terms and conditions set forth by Client.) and tenant(s), applicable, of such site(s) in a form acceptable to LISKO Any work performed by LISKO with respect to obtaining permission to enter upon and do work on the lands of others, as well as any work performed by LISKO pursuant to this Agreement, shall be deemed as being done on behalf of Client and Client agrees to assume all such risks.
- 8. CLIENT’S DUTY TO NOTIFY, Client shall provide LISKO with all information in Client’s possession required for LISKO to perform its work and represents and warrants that it has advised USKO in writing of any known or suspected Hazardous Materials and subsurface tan., utilities, objects, structures, lines, or other improvements located at, on or under any site at which LISKO is to do work LISKO shall riW be liable for any consequences of inaccurate or incomplete information supplied or withheld by Client governmental agencies or third parties
- 9. Reserv.
- 10. Reserved
- 11. UMITATION OF UABILITY In recognition of the relative risks. rewards and benefits of the project to both the Client and LISKO, the risks have b.n allocated such that the Client agrees, to the fullest extent permitted by law, TO LIMIT LISKO’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, OR .PENSES FROM ANY CAUSE OR CAUSES ARISING OUT OF THIS AGREEMENT SO THAT THE TOTAL AGGREGATE LIABILITY OF LISKO SHALL NOT EXCEED $25,000 OR LISKO’S TOTAL FEE FOR SERVICES RENDERED ON THIS PROJECT, WHICHEVER IS GREATER Such causes,include, but are not limited to, negligence, professional errors or omissions, strict liability, and breach of contract or warranty
- 12. WITNESS FEES LiSKO’s employees shall not be retained as expert witnesses except by separate, written agreement Client shall pay LISKO pursuant to LISKO’s then current fee schedule ar, emPloYee subPoenaed hY .y party as an occurrence or material witness as a result of LISKOS work.
- 13. P4TIRE AGREEMENT. This Agreement contains the entire understanding between the pames Client acknowledges that no representations. warranties, undertakings or promises have been made other than those contained in this Agreement This Agreement rnay be amended. modified or terminated only by a wrrtten instrument signed by Client and LISKO.
- 14. SEVERABILITY me event that any provision of this Agreement shall be deemed invalid or unenforceable, the other provisions shall remain in full force and effect and binding upon the parties.
- 15. SURVIVAL- All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability betw.n the Client and LISKO shall survive the completion of services and the termination of this Agr.ment
- 16. FORCE MAJEURE. If LISKO is delayed or prevented from completing as work by reason or acts of God, strikes. lockouts, labor troubles, inability to procure labor or matenals. fire, accident not, cwil commotion, laws or regulations of general applicability. acts of Client, or other cause without its fault and beyond ns control (financial inability excepted), completion will be excused for the period of the delay and the period for completion will be extended for a period equal to the period of such delay. If LIS. is required to delay any part of its work to accommodate the reques. or requirements of Client, regulatory agencies, or third parties or due to any causes beyond the direct reasonable control of LISKO, additional charges shall be assessed with Client’s written approval.
- 17. GOVERNING LAW: GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.
- 18. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if deliver. In person to the individual or a member of the entiry or to an officer of the corporation for which it was intend., or if delivered at or sent by registered or certified mail to the la. business address known to the party giving notice
- 19. PRECEDENCE OF CONDITIONS‘ Should any conflict exist between these Terms and Conditions and any other document, including the Proposal, Additional Provisions, work awn,. ization, pu-cilasc. ower. confirmation, onnvoice, these Terms and Conditions shall prevail, unless the parties expressly agree otherwise in writing.
- 20. CONFIDENTIALITY: LISKO shall consider all work performed for the Client and all results of that work, including. but not limited to, any reports or test results, as well as any and all information provided to LISKO in connection with this Agreement (“confidential information’) as confidential to the Chent. to be shar. only wah the Client, and the Client’s legal counsel. Notwithstanding the above, LISKO may comply with all judicial orders or governmental directives and federal, state, and local laws, rules, regulations and ordinances which mandates reports to appropriate public agencies of USK°, knowledge or findings, provided, however, that if LIS. determin. that it is required to disclose confidential information. a shall notify the Client prior to disclosure.
- 21. REUANCE BY THIRD PARTIES: Any written documents, including but not limit. to data, reports. findings, summaries or recommendations, prepared by USK() for the Client in the course of performing the services under this Agreement may not be relied upon by any person or entity other than the Client vvithout LISKO’s prior written consent. The ASTM Standard defines a User as ‘the pa, seeking to use Practice E 1527 to complete an environmental site assessment. A User may include, without limnation. a potential purchaser of property, a potential tenant of property, an owner of property, a lender, or a property manager.
