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amount of available insurance proceeds. <br /> ARTICLE 19— CONTROLLING LAW <br /> This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising <br /> out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence <br /> or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of <br /> Minnesota. <br /> ARTICLE 20— LOCATION OF UNDERGROUND IMPROVEMENTS <br /> Where requested by Client, Consultant will perform customary research to assist Client in locating and <br /> identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from <br /> the Client and information provided by local utilities related to structures or utilities and will not be liable for <br /> damages incurred where Consultant has complied with the standard of care and acted in reliance on that <br /> information. The Client agrees to waive all claims and causes of action against the Consultant for claims <br /> by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or <br /> damages to underground improvements resulting from subsurface penetration locations established by the <br /> Consultant. <br /> ARTICLE 21 —ACCESS TO SITE <br /> Client shall arrange and provide such access to the site as is necessary for Consultant to perform the work. <br /> ARTICLE 22 -SAMPLE DISPOSAL <br /> All environmental samples ("Samples") collected by Consultant are sent to and analyzed by a third-party <br /> laboratory, and all such Samples shall be disposed of according to the third-party laboratory's policies. <br /> ARTICLE 23— EXPERT WITNESS AND SUBPOENA FEES <br /> Consultant shall not be retained as an expert witness except by separate, written agreement. The Client <br /> agrees to pay Consultant's costs to respond to any subpoena related to the work performed under this <br /> Agreement, including attorneys'fees and administrative costs. <br /> Article 24— FIDUCIARY RELATIONSHIP <br /> Client agrees that this neither Agreement nor the services Consultant is providing under this Agreement <br /> creates a fiduciary relationship between Consultant and Client. <br /> Exhibit A—GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION,REMEDIATION OR ASSESSMENT 02.12.20-MN <br /> Page 5 <br />