Resolutions - Jersey City

J... '"d. Conditions. ".. .", ,"__'",,'d',..''', .. ,..' ,....code, regulation, or ordinance, and theclient agrees to indemnify MTA puruant to Aricle 10.0of these General Termsaid7.0 UNFORESEEN OR CHANGED CONDITIONS~ ;7.1 MT A shall not be required to provide services or to continue to provide services uiider the Agreement for ConsultigServices when or upon discovery that conditions which wer reasónably unforeseeable exist or which were known to th~client, but not disclosed to MT A exist, or where conditions have cbariged kubsequent to the exeCution of the Agreement fofConsulting Servces. In any such event, however, client shall pay MTA for servicespetforned through date of si.ci'idiscovery or notice in accordance with Section 5.0 above. 'd " . .:7.2',,,..Unforeseen and changed conditions,-shall üicludebut.not.~it:':"',!.be liqiited to: the client's failure to provide information Offaciliies; delays caused by unforeseen events, including fires; stalCes, riots, acts of God; unavailability of labor, materials, qt(. öther services; actions of courts,EQUIPMENT......'''~~' .administrative agencies or o(any ~gislative body."'i' 8,Q,., DISPOSITION OF SAM.PLESAND~ .~.'~..':~..'8"Il''Oispositionof Unpolluted Samples:Aii samples.. of i,poUHteq soil, rQckand water may be diSCarded 30 days aft~submission of our final report unless you advise us todeliver the samples to you, at your sole ex:pense, or to storethein fo~; 'In agret:d storage charge. . , ' i't",8;2.,:. . 'Hazardòus or Potentially' Hazardous' Samples and Materials:., Int1le event that saIples anqiør materials contan or artii'''suspected to contain substaceS or constituents hazrdous ord~timentaI to health, safety,on the, enviromnent;oas defined b~'federál;stateor local statutes, regulations, or ordìnances, we W;ù.after cOI1pl~tion oftesting and at your (Client's) expense~I~fetUtn such samples and materials iö Client or 2) usinf7 a maóife"t "ionpl1hv . ..', ,: .,... ..,~have such samples and materials trnsported to a location selected by Client for fial dispos¡il. Client agrees to pay all~~~asociated witl the storage, tranport and disposalof samplesandniateriåls. Cliertt recognzesand agrees that we are acting~as a bailee and at no time assume titleto said waste. . ' ' . ., . .8.3 ,Contaminated Equipment: AU laboratory and fieldequipmentcöiîtånated in perförtiIng'our '$ervices will be c1eanedab:' your (Client's) expense. Contaminated consumab'es w'll~ dìspÖsed of and repÌåi:M'atClient's expense. All sucillequipment shaH be delivered to Client or disposed of in a manner similar to that indicated for hazrdous samples. Ctiên~agrees to pay the fair market value of any such equipment which cannot reasonably be decontanated. .9.09.19.210.010.1.~,¿.. c.'I'';...".:'1.:",,".~x10.2,,,.;.SUBTERREAN STRUCTURS AND EXISTING TERRAINMT A shall have no liability for damages or injur relating or resulting from distubances to subterrnean strctures, such a$pipes, tas, lines or cables, unless the client has provided full information to MTA regardìng the location of such, andclient agrees toThe client agrees to indemnify, save and hold haness, and defend MTA, its shareholders, diectors, offcers, employeesand agents from against any and all claims, damages, losses, actiòIi, fines, expenses and liabilities, whether direct, indireetor consequential to have resulted from or which are caused by the acts, errors, omissions of the client, its agents, contrctors,'representatives or employees; or arsing from any act or negligence of client or any of its employees, agents, contractorS, orrepresentatives; or arising by reason of any act of fraud, dishoU:esty, forgery, embezzlement, wrongful abstrction or willfulmisapplication by client, and from and against costs, counel fees, expenses, liabilities incurred or aring from any suchclaim or any action or proceeding brought the~eon. It is the ìntention of this indemnification provision that client shallindemnify MT A to the fullest extent permitted by law.In addition to and not by way of limitìng or otherwse restrcting the indemnfication provided in Section 10.1 above, Øieclient agree to indemnify, save and hold harless and defend MT A, its shareholders, dirctors, offcers, agents andemployees from and against all damages, losses, expenses, actioI1, fines and liabilities resulting from any ofthe mattersdescribed in sections 6.1,6.2,6.3,8.1 and/or 8.2 above. including costs, legal counsel fee, expenses and liabilities incurrdor arising_from any claim or action or proceeding brought thereon.i 1.0" DELAYSindemnify MTA pursuant to Aricle 10.0 ofthese GeneraltheTenns and Conditions. '~MT A shall have no liability for damages to existing terrin which may unavoidably result from the acts, studies, projec(work activities, and movement of equipment, and the client agrees to indemnify MT A pursuant to Arcle 10:0 of theseGeneral Term and Conditions. .INDEMNIFICATION11.1 MTA shall not be resonsible for any damages to the client or any other part for delays, lost profits, or any otherconsequential or incidental daages of any kind, whether or not such damages were reasonably foreseeable.12.0 PROMOTIONAL MATERIAS12.'1 MTA shall have the authority without prior consent of the cJient, to use theçlieiit's aalDe, a generaLdescption~of th.. '. , . '0;"''- .' .,