SERVICES BY STE Sample Clauses

SERVICES BY STE a. STE will perform the services to be provided by STE pursuant to this Agreement in accordance with generally accepted engineering principles and practices of performance by professionals of ordinary skill existing at the time of performance under similar conditions for the locality where the services are to be performed. The CLIENT hereby acknowledges that the Project involves certain inherent risk factors (such as limitations on laboratory analytical methods, variations in subsurface conditions and the like) which may adversely affect the results of the Project, even though the services are performed with such care and skill. Data, interpretations and recommendations by STE will be based solely on information available to STE. ▇▇▇ will not be responsible for any other party's use or interpretations of information reported by ▇▇▇ and/or the recommendation(s) of any other party based on such information. STE's services do not include the investigation or detection of, nor do the recommendations in STE's reports address the presence or prevention of, biological pollutants such as mold, fungi, bacteria, viruses; or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If computer software is to be provided to the CLIENT as part of the services, CLIENT will execute a separate software license agreement. STE MAKES NO WARRANTIES OR GUARANTEES EXPRESS OR IMPLIED, RELATING TO STE'S SERVICES AND STE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. b. The Scope of Work cannot be changed, altered or amended except by written agreement signed by both parties. If CLIENT and STE agree in writing for STE to perform additional services, then STE will be entitled to an increase in compensation at rates provided in this Agreement. STE reserves the right to elect not to perform additional services. If STE determines in its sole discretion that additional services are necessary to avoid a delay in the completion of the Project, then STE shall perform those services without waiting for instructions from CLIENT and shall be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any. c. STE's personnel may be present, either full or part time, to provide observation and field testing of specific parts of the Project...