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<br />b. NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AT COMMON LAW OR CREATED BY STATUTE,
<br />IS EXTENDED, MADE, OR INTENDED BY THE RENDITION OF CONSULTING SERVICES OR BY FURNISHING
<br />ORAL OR w:ar:r.rEN REPORTS OF THE FINDINGS MADE.
<br />
<br />c. Any exploration, test1ng, surveys and a.n.aJ.ys1s assoc1a.ted with the workwill be performed by STS for the Client's
<br />sole use to fu11Ul the purpose of this .Agreement and STS 18 not responsible for interpretation by others of the
<br />information developed. The Client recognizes that subsurfa,ce conditions beneath the Project site mayvaryfrom
<br />those encountered in boI'1ngs, surveys or explorations and the information and recommendations developed by
<br />STS are based solely on the information available.
<br />
<br />4. The services of STS's fteld personnel neither 1nclude responsib1l1tyfor the superintendence of the construction
<br />prqject nor d.1rect1on or control of the actua.1 work of the contractor, its subcontractors, or other mater1aJ.men or
<br />service providers not engaged by STS. It 18 further agreed that STS1s not responsible for, nor 18 it to revieW, the
<br />adequacy of job safety on the Project.
<br />
<br />aanOR 8: LIJlIT.ABOR OJ' PBOJ'JI88IOR.AL T.TA'RTT.1'fY'
<br />
<br />a. IT IS AGREED THAT THE CLIENT'S:M.AXIMUU RECOVERY AGAINST STS FOR THE PBDFESSIONAL SERVICES
<br />PERFORMED UNDER THIS AGREEMENT, WHETHER IN CONTRAaI', TORT OR OTHERWISE, IS $60,000 OR THE
<br />AMOUNT OF STS'S FEE, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT'S SOLE AND
<br />EXCLUSIVE REMEDY AGAINST STS FOR PROFESSIONAL SERVICES PERFORMED UNDER THIS AGREEMENT,
<br />WHETHER BASED IN CONTRAaI', TORT OR OTHERWISE, IS THE AWAmJ OF DAMAGES NOT TO EXCEED THE
<br />STIPULATED $60,000 FIGURE, OR THE AMOUNT OF STS'S FEE, WHICHEVER IS GREATER. IN NO EVENT
<br />SHALL STS BE LIABLE, WHETHER IN CONTRAaI', TORT OR OTHERWISE, FOR CLIENT'S LOSS OF PROFITS,
<br />DELAY DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY
<br />NATURE ARISING AT .ANYTIME OR FROM ANY CAUSE WHATSOEVER.
<br />
<br />b. The Client further agrees to notify any contractor or subcontractor who may perform work in connection with
<br />any design, report or study prepared by STS of such l1m1tation of professional 11aJ:>1l1tyfor design defects, breach
<br />of contract, errors, omissions or professional negligence and require as a condition precedent to their
<br />performing their work a like limitation of 11aJ:>1l1ty on their part as aga.1nst STS.
<br />
<br />c. Documents, 1nClud1ngbut not l1m1ted to, technical reports, or1g1nal boI'1ng logs, :tleld data, fteldnotes, laboratory
<br />rest data, calculations and estimates furn1Shed to the Client or its agents pursuant to this .Agreement are not
<br />intended or represented to be suitable for reuse by the Client or others on extensions of the PrQ1ect or on any
<br />other prqject. A:IJy reuse without STS's written consent will be at Client's sole risk and without 11a.b1l1ty or legal
<br />exposure to STS or to 8TS's contra.ctor(s) and Client shall1ndemnify and hold harmless STS and STS's
<br />contra.ctor( s) from all cla.1mS, dB.Inages, losses and expenses 1nclud1ng attorney's fees arising out of or resultuJ.g
<br />therefrom.
<br />
<br />d. Under no c1rcumSta.D.ces shallSTS be 11aJ:>le for extra. work or other consequences due to ch.a.nged conditions or
<br />for costs related to fa1lure of the construction contractor or mater1aJmen or service providers to 1nBtaJ.l work1n
<br />accordance with the plans and spec1ftcations.
<br />
<br />e. NOTWITHSTANDING THE LIMITATION OF LIABILITY OF SECTION 8aABOVE, IT IS FORTHERAGREED THAT
<br />IFSTS'S SERVICES UNDER THIS AGREEMENT CONSIST OF LABORATORY TESTING AND/ORCLA8SIFICATION
<br />OF SOIlB OR OTHER MATERIAI.8, WITHOUT ENGINEERING EVALUATION OR STUDY, THE CLIENT'S
<br />MAXIMUM RECOVERY FOR SUCH SERVICES WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL NOT
<br />EXCEED ST8'S FEES FOR THIS ENGAGEMENT. IT IS EXPRESSLY AGREED THAT THE CLIENT'S SOLE AND
<br />EXCLUSIVE REMEDY AGAINST STS UNDER THIS AGREEMENT WHETHER BASED IN CONTRAaI', TORT OR
<br />OTHERWISE IS THEAWAmJOFDAMAGES NOT TO EXCEEDTHEAMOUNTOFSTS'S FEES. IN NO EVENT SHALL
<br />STS BE LIABLE, WHETHER IN CONTRAaI', TORT OR OTHERWISE, FOR CLIENT'S LOSS OF PROFITS, DELAY
<br />DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE
<br />ARISING AT ANYTIME OR FROM.ANY CAUSE WHATSOEVER.
<br />
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