10.0 CHANGE ORDER. The CLIENT may make
changes, within the general scope of the Services
specified in Exhibit A, by giving CB&I written notice in a
Change Order. When reasonable, within fifteen (15) days
from CB&l’s receipt of such Change Order, CB&I shall
submit fo CLIENT the changes required in the number of
man-hours and time schedule resulting from such
Change Order. CB&I shall have no obligation to proceed
with work under such Change Order until CB&l and
CLIENT agree in writing to such changes and to the
compensation and time schedule for such changes.
11.0 CLIENT SUPPLIED DATA. CLIENT
acknowledges that CB&l has relied upon all
specifications, information, representation of operating
conditions and other data supplied in writing by CLIENT
to CB&l in the performance of the Services of CB&L
12.0 REUSE OF DOCUMENTS. It is understood by the
Parties that the Documents provided hereunder are for a
specific use or specific project. All documents and/or
drawings furnished by CB&l pursuant to this Agreement
are instruments cof CB&l's work product in respect of the
Services. They are not intended or represented to be
suitable for reuse by CLIENT or others on extensions of
the Services or on any other project. Any reuse without
specific written verification and adaptation by CB&l for
the specific purpose intended will be at user’s sole risk
and without liability or legal exposure fo CB&I. Any such
verification and adaptation will entitle CB&I to further
compensation at rates to be agreed upon by CLIENT to
CB&I.
13.0 ASSIGNMENT AND SUBCONTRACTS. CLIENT
shall not assign this Agreement without the advance
written consent of CB&I. CB&I reserves the right io
subconiract certain portions of the Services covered by
this Agreement.
14.6 FORCE MAJEURE. A delay in or failure of
performance of CB&I shall not constitute default under
this Agreement nor give rise to any claim for damage if
and to the extent such delay or failure is caused by
occurrences beyond the reasonable control of CB&l,
including: acts of God; expropriation or confiscation of
documents, materials, and/or equipment or compliance
with any order or request of any governmental authority
or person (s) purporting to act therefore which affects to a
degree not presently existing the supply, availability or
use of materials or personnel; acts of war whether or not
declared or the public enemy; public disorders; rebellion
or sabotage; flocds; riots; strikes, whether direct or
indirect; or any causes, whether or not of the class or
kind specifically named above, not within the reasonable
control of CB&l and which, by the exercise of reasonable
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CB&! Standard Services Agreement
diligence, CB&l is unable to prevent, avoid or remove. in
the event of a Force Majeure event, CB&l shall be
afforded a reasonable adjustment for cost and schedule
for the performance of ihe Services.
15.0 EQUAL EMPLOYMENT OPPORTUNITY. CB&l
expressly agrees not to discriminate against any
employee or applicant for employment because of race,
creed, color, national origin or sex. CB&I will comply with
all provision of Executive Order No. 12246 of September
24, 1965, as amended and of the rules and regulations
and relevant orders of the Equal Employment Opportunity
Commission. CB&l will take affirmative action to ensure
that applicants are employed, and that employees are
treated during employment, without regard to their race,
creed, color, national origin or sex. Such action shall
include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment advertising;
layoff or termination, rates of pay or other forms of
compensation; and selection for training, including
apprenticeship.
16.0 RECORDS. Records of CB&l direct labor man-
hours and specified reimbursable expenses incurred by
CB&l in the performance of this Agreement will be
maintained by CB&l for a reasonable time period and be
made available to CLIENT if requested for its review at
the place where such records are maintained during
business hours.
17.0 ENTIRE AGREEMENT. This Agreement contains
all covenants, stipulations and provisions agreed upon by
CB&l and CLIENT and neither party shall be bound nor
be liable for any statement, representation, promise or
agreement not set forth herein. No changes,
amendments or modifications of the terms hereof shall
be valid unless reduced to writing and signed by the
Parties.
18.0 SEVERABILITY. Every pari, term or provision of
this Agreement is severable from all others, and
notwithstanding any possible future finding by duly
constituted authority that a particular part, term or
provision is invalid, void or unenforceable, this
Agreement has been made with the clear intention that
the validity and enforceability of the remaining parts,
terms and provisions shail not be affected thereby.
19.0 CONSEQUENTIAL AND OTHER DAMAGES.
Notwithstanding anything fo the contrary in this
Agreement, CB&l and its subcontractors and vendors of
any fier shall not be liable for consequential, special,
indirect, incidental, remote or punitive loss, cost or
damage or any loss of use, loss of profits, loss of
May 2015
