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Kim ey>>>Horn Page 8
<br />8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and
<br />general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the
<br />Consultant will take out such additional insurance, if obtainable, at the Client's expense.
<br />9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and
<br />skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time
<br />the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking
<br />herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the
<br />Client.
<br />10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and
<br />the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and
<br />notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that
<br />the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents,
<br />and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims,
<br />losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under
<br />this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or
<br />omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the
<br />Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total
<br />compensation received by the Consultant under this Agreement or$50,000, whichever is greater. Higher limits
<br />of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for extra
<br />costs or other consequences due to changed conditions, or for costs related to the failure of contractors to
<br />perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the
<br />remedies available to the Client or those claiming by or through the Client, and nothing in this Section 10 shall
<br />require the Client to indemnify the Consultant.
<br />11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
<br />consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of
<br />profits.
<br />12) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters
<br />that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would
<br />cause the Consultant to violate applicable rules of professional responsibility.
<br />13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted
<br />first to mediation in accordance with the Construction Industry Mediation Procedures of the American Arbitration
<br />Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced
<br />within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable
<br />statutes.
<br />14) Hazardous Substances and Conditions. In no event shall Consultant be a custodian, transporter,
<br />handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's
<br />services will be limited to professional analysis, recommendations, and reporting, including, when agreed to,
<br />plans and specifications for isolation, removal, or remediation. The Consultant shall notify the Client of
<br />hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually
<br />becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services
<br />until the hazardous substance or condition is eliminated.
<br />15) Construction Phase Services.
<br />a) If the Consultant's services include the preparation of documents to be used for construction and the
<br />Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of
<br />the documents and for construction observation, and the Client waives any claims against the Consultant in any
<br />way connected thereto.
<br />b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any
<br />contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs,
<br />2550 UniversityAyqnue West,
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