Traffic, Surveying & Development Professionals

Exhibit H:  Client’s Responsibility

The Client will be responsible for the following

I. Payment:

Client agrees to pay for professional services and reimbursables, as outlined in the Method of Billing (Exhibit B).

II. Permission:  Client agrees to obtain:

  1. Permission for access across public and private lands to reach the project site and will obtain permission for Engineer/Surveyor to enter upon the project site to do those tasks necessary to provide professional services under this Agreement.
  2. Approval, consent or permission from those parties that have any interest and could otherwise prevent completion of the project in a reasonable and timely manner.
  3. Authority to use all plans, specifications, etc. which were prepared for the site.

III. Indemnification:

Client and Consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents and representatives from and against liability for all claims, losses, damages and expenses, including reasonable attorney fees, to the extent such claims, losses, damages or expenses are caused by the indemnifying party’s negligent acts, errors or omissions.  In the event that claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence.

IV. Assistance:

Client will assist Engineer/Surveyor by placing at Engineer’s/Surveyor’s disposal all available information pertinent to the services that are to be provided by Engineer/Surveyor, including correspondence, title reports, etc.

V. Notice:

Client will give five days notice to Engineer/Surveyor whenever Client observes or otherwise becomes aware of any problem concerning the project or the Engineer’s/Surveyor’s work.

VI. Documents:

The Client understands that the drawings, specifications, CADD files, paper documents and electronic documents (“Documents”) are prepared specifically for use on this project and solely for the purpose as herein described.  They are not intended or represented to be suitable for reuse by the Client or others on any other project or for any other purpose.  Use of the documents and information or data contained therein for other purposes is at the sole risk and responsibility of the user and without liability or legal exposure to the Newton Engineering Group, P.C.  The Newton Engineering Group, P.C. will be indemnified and held harmless from all claims, damages, losses and expenses arising out of or resulting from said use.