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RESERVE
<br />ADVISORS
<br />&PROFESSIONAL SERVICE CONDITIONS
<br />Our Services - Reserve Advisors, LLC ("RA") performs its services as an independent contractor in
<br />accordance with our professional practice standards and its compensation is not contingent upon our conclusions. The
<br />purpose of our reserve study is to provide a budget planning tool that identifies the current status of the reserve fund,
<br />and an opinion recommending an annual funding plan, to create reserves for anticipated future replacement
<br />expenditures of the subject property. The purpose of our energy benchmarking services is to track, collect and
<br />summarize the subject property's energy consumption over time for your use in comparison with other buildings of
<br />similar size and establishing a performance baseline for your planning of long-term energy efficiency goals.
<br />Our inspection and analysis of the subject property is limited to visual observations, is noninvasive and is not
<br />meant to nor does it include investigation into statutory, regulatory or code compliance. RA inspects sloped roofs from
<br />the ground and inspects flat roofs where safe access (stairs or ladder permanently attached to the structure) is available.
<br />Our energy benchmarking services with respect to the subject property is limited to collecting energy and utility data
<br />and summarizing such data in the form of an Energy Star Portfolio Manager Report or any other similar report, and
<br />hereby expressly excludes any recommendations with respect to the results of such energy benchmarking services or
<br />the accuracy of the energy information obtained from utility companies and other third -party sources with respect to the
<br />subject property. The reserve report and any energy benchmarking report (i.e., any Energy Star Portfolio Manager
<br />Report) (including any subsequent revisions thereto pursuant to the terms hereof, collectively, the "Report") are based
<br />upon a "snapshot in time" at the moment of inspection. RA may note visible physical defects in the Report. The
<br />inspection is made by employees generally familiar with real estate and building construction. Except to the extent
<br />readily apparent to RA, RA cannot and shall not opine on the structural integrity of or other physical defects in the
<br />property under any circumstances. Without limitation to the foregoing, RA cannot and shall not opine on, nor is RA
<br />responsible for, the property's conformity to specific governmental code requirements for fire, building, earthquake,
<br />occupancy or otherwise.
<br />RA is not responsible for conditions that have changed between the time of inspection and the issuance of
<br />the Report. RA does not provide invasive testing on any mechanical systems that provide energy to the property, nor
<br />can RA opine on any system components that are not easily accessible during the inspection. RA does not investigate,
<br />nor assume any responsibility for any existence or impact of any hazardous materials, such as asbestos, urea -
<br />formaldehyde foam insulation, other chemicals, toxic wastes, environmental mold or other potentially hazardous
<br />materials or structural defects that are latent or hidden defects which may or may not be present on or within the
<br />property. RA does not make any soil analysis or geological study as part of its services, nor does RA investigate vapor,
<br />water, oil, gas, coal, or other subsurface mineral and use rights or such hidden conditions, and RA assumes no
<br />responsibility for any such conditions. The Report contains opinions of estimated replacement costs or deferred
<br />maintenance expenses and remaining useful lives, which are neither a guarantee of the actual costs or expenses of
<br />replacement or deferred maintenance nor a guarantee of remaining useful lives of any property element.
<br />RA assumes, without independent verification, the accuracy of all data provided to it. Except to the extent
<br />resulting from RA's willful misconduct in connection with the performance of its obligations under this agreement, you
<br />agree to indemnify, defend, and hold RA and its affiliates, officers, managers, employees, agents, successors and
<br />assigns (each, an "RA Party") harmless from and against (and promptly reimburse each RA Party for) any and all
<br />losses, claims, actions, demands, judgments, orders, damages, expenses or liabilities, including, without limitation,
<br />reasonable attorneys' fees, asserted against or to which any RA Party may become subject in connection with this
<br />engagement, including, without limitation, as a result of any false, misleading or incomplete information which RA relied
<br />upon that was supplied by you or others under your direction, or which may result from any improper use or reliance
<br />on the Report by you or third parties under your control or direction or to whom you provided the Report.
<br />NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY (IF
<br />ANY) OF RA WITH RESPECT TO THIS AGREEMENT AND RA'S OBLIGATIONS HEREUNDER IS LIMITED TO THE
<br />AMOUNT OF THE FEES ACTUALLY RECEIVED BY RA FROM YOU FOR THE SERVICES AND REPORT
<br />PERFORMED BY RA UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING
<br />NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. YOUR REMEDIES SET FORTH HEREIN ARE EXCLUSIVE
<br />AND ARE YOUR SOLE REMEDIES FOR ANY FAILURE OF RA TO COMPLY WITH ITS OBLIGATIONS
<br />HEREUNDER OR OTHERWISE. RA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
<br />CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
<br />ANY LOST PROFITS AND LOST SAVINGS, LOSS OF USE OR INTERRUPTION OF BUSINESS, HOWEVER
<br />CAUSED, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY,
<br />STRICT LIABILITY OR OTHERWISE, EVEN IF RA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
<br />DAMAGES. IN NO EVENT WILL RA BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
<br />OR SERVICES. RA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER, EXPRESS OR
<br />IMPLIED OR OF ANY NATURE, WITH REGARD TO THE SERVICES AND THE REPORT, INCLUDING, WITHOUT
<br />LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
<br />Report - RA will complete the services in accordance with the Proposal. The Report represents a valid opinion
<br />of RA's findings and recommendations with respect to the reserve study and is deemed complete. RA will consider any
<br />additional information made available to RA within 6 months of issuing the Report and issue a revised Report based
<br />on such additional information if a timely request for a revised Report is made by you. RA retains the right to withhold
<br />a revised Report if payment for services was not tendered in a timely manner. All information received by RA and all
<br />files, work papers or documents developed by RA during the course of the engagement shall remain the property of
<br />Page 8.1 — Professional Service Conditions
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