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Jan, 30. 2007 2:13PM KASTROP GROUP No. 1241 P, 4
<br />1ERMS AND CONDITIONS
<br />Attached to and made a part of Prvposavr4gresment dated December f S, 2006 behNeen The Kastrop Group, Inc.
<br />(CLIENIJ end OAK Engineering (ENGINEER) in respect of the Project described therei-r.
<br />Access ro Sire
<br />tlMess otharvvise stated, the EI ~aINEER wiM have access to the site for acfrvities rreoessary for the peribrmar'-ce
<br />of the seMices, i?-e ENGINEER waU tafre precautbns b minintho daanage due to these ediw7ies, but has r-ot
<br />included in the he dre cost of restoration of any resulting damage,
<br />Fee
<br />The total flee, except stated krmp sum, shat! by ur-derstood b be an estimate, based upon Scope of Senrdces, and
<br />shah not 6e exceeded by more trim tart percent without wrtden approval of the CLIENT. where the tee
<br />arrangement is to be on an basis, the rates Shell bo dices that pnavad at the time services are rendered
<br />Bitlirrgs/Payr-ratts
<br />Invpioes wrll be aubmltted monthly for servroes and reimbursabloe expenses and are due when rendered. lnv~oice
<br />shall be considered past due if not paid whin 75 days after t--e lnvok^e date and the ENGINEER may without
<br />waiving any darn of right against CLIENT, and without 1rabildy whatsoever b the Client: temrinate the
<br />pertbnnanoe of the service A service charge well be charged at 1.5% (or the regal rate) per maNh on the unpaid
<br />balance. fn the event any portion of an account remains unpaid 90 days after biding, the CLIENT shad pay cost d
<br />collection, grGuding reasonable attorney s tees.
<br />lndermlftoutiorrs
<br />The CLIFM shad Inder-rl-I/Y and hold hamNess die ENGINEER and ad outs personrrsf from and against any and
<br />aN darns, damages, losses and expenses (rnGudatg reasonable attorneys' toes) arising out of or resoling Aram
<br />the perfnm-ance of the servloes, provided that any such daPubs, damage, loss or expense is causal in whole or in
<br />Dart by the nsgdgent ad or omisNon srxi~or strict liabirdy vt the CLIENT, anyone directly a /ndaecdy ampwyed by
<br />die CLIENT (excel the ENGINEER) or anyone for whose ads any of them maybe liable.
<br />llidetenCardrt}orrs
<br />A stnrdur~ oondrbrar is hidden if Concealed by exiating Nnlshes or if ft cannot be in~resdgatad by reasonabda vbual
<br />observation. It the ENGINEER has reason to bedevie that such a conditoon may exist the ENGINEER shat! notrry
<br />die CLIENT who shad authorize and pay fbr ad oast aSdoCiated with the investigation of such a oondltxnr and, K
<br />necessary, ad costs necessary to Coned sad ca~-adlion. h (f) d re client lads to autfrortze such investigation or
<br />ctMreCtto-- after due notification, or (2) the ENGINEER lies no reason to bedeve that such a Co-rditfan exists, the
<br />CLIENT is responsible for ad risks associated wdh this c~ndffion, and the ENGINEER shah not be respor-srble for
<br />die existing condition not any resuMing damages to persons or pnaperty.
<br />RisIcAllorxaion
<br />In recognldor- ~ dw rerattve ricks, rewartis and benefits of the prgact ro both the CLIENT and ilia ENGINEER, the
<br />risks have been allocated so drat the CLIENT agrees drat, to the firdest extent pemntted by Law, the ENGINEER
<br />total dabYK~ y to die CL/EN7; far any and aN drjuries, darns, fosses, expenses, damages or claim expenses arising
<br />cut ~ this agroement; from any cause orceuses; shad not exceAd the total amount of $100, D00. Such causes
<br />intrude, but are not llntfted to the ENGINEER's negligence, errars, omissions, strict lability, breach of corrhacf or
<br />breech of wena-rty.
<br />Termurarian of Services
<br />This agreement maybe terminated upon 10 days wriden notice by eA"her party should the other fad to perform his
<br />oblgatrons thereunder. In the event o/termination, the CLIENT shad pay the ENGINEER trait services,
<br />rendered to the date of trmNnation, all naimbursable expenses, and reasonable temr/natbrr expenses.
<br />l7~ccta->ar[s
<br />Ad document produced by the ENGINEER under this agreement shalt remain the property of the ENG/tVEPR
<br />and may not tSe used by the CLIENT for any other endeavor wdhvut the wrfKen consent ~ the ENGINEER,
<br />,4pp1r~ble law
<br />Unless other»ase spetafied, the agreement shad be goremed by die laws of the prrrc¢~al place of business ~ the
<br />ENGINNEER.
<br />KGA19~C.DOC
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