American Institute of Timber Construction
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AMERICAN INSTITUTE OF TIMBER CONSTRUCTION
333 WEST HAMPDEN AVENUE. ENGLEWOOD, COLORADO 80110
Telephone: 761-3212(A.C.303)
AGREEMENT
RECEIVED
MAY 11 1978
fWTHERFORD & CHEKENE
THIS AGREEMENT, made between American Institute of
Timber Construction (herein called "AITC") and the undersigned
party or parties this 5th day of June 1978
WITNESSETH:
WHEREAS, a question has been raised concerning the
quality and structural soundness of certain structural glued laminated
timber products located at 7070 Chestnut Street, Gilroy, California
and (Aeadquarter's Fire Statlon)
WHEREAS, acknowledging that AITC has no liability or
responsibility for the condition of said products and/or damages, if
any, resulting therefrom, the undersigned party (or parties) is
desirous of obtaining from the AITC technical representatives tech-
nical advice concerning the condition of said products and their
adequacy to perform satisfactorily, and ;yvhether replacements of
any partic\1lar type should be n1ade, and AITC and said representatives
are willing to give such technical advice, provided AITC and said
representatives are absolved and saved harn1less of and from any
liability resulting from such advice, or'ltthe undersigned or any other
person1s or persons' reliance on said advice.
NOW THEH.EFORE, in consideration of the mutual covenants
herein contained, it is agreed as follows:
1. AITC, acting through its designated technical representa-
tives, agrees (a) to make such investigation and tests of the aforesaid
products and structure as in its discretion are deemed desirable; (b)
to give technical advice to the undersigned concerning the soundness
of said product or structure, and the recommendations as to corrective
action if such is deen1ed necessary; and, in respect of such advice and
recommendations, AITC representatives shall exercise their best
judgment, based on their technical knowledge and experience; provided,
however, that in so advising, no guarantees or warranties in respect
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of such advice or recommendations in connection therewith are or
shall be made to the undersigned or to any engineer, contractor, or
any other person or firm having an interest in said product or structu re,
and neither AITC nor any of its said representatives shall be liable for
or have any responsibility in any respect to the undersigned, or to any
person or firm, for damage, loss, or injury resulting from any mistake
or any error of judgment in respect of such advice, or from any other
cause.
2. The undersigned, for itself and its successors and
assigns, agrees that neither AITC nor any of its said representatives
shall be liable, jointly or severally, to the undersigned for any loss
or damage (whether direct or indirect) resulting from the failure of
said product or structure, or the failure of any repair or replacement
used in correcting said condition.
AMERICAN INSTITUTE OF TIMBER CONSTRUCTION
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; J~i.L/( ;' \ h ~llA.{ /..1--:r J5
I Executive Vice President ~
By
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The undersigned persons and firms indicated acknowledge notice of
the terms and conditions of the foregoing agreement and, insofar as
applicable to them, hereby accept them.
Date June 5, 1978
By
M
rotempore
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