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<br />'b. NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED,AT OOMMON LAW OR CREATED BY STATUTE,
<br />IS EXTENDED, MADE, OR INTENDED BY THE RENDITION OF OONSULTING SERVICES OR BY FURNISHING
<br />ORAL OR WRI'rI'EN REPORTS OF THE FINDINGS MADE.
<br />
<br />c. AIry exploration, test1.ng, surveys and a.naJyais a.ssoc1ated with the work will be performed by STS for the Client's
<br />sole use to fu1f1ll the purpose of tb1s .Agreement &Ild STS is not responsible for interpretation by others of the
<br />1n!orma.tion developed. The Client recogn1zes that subsurface conditions benea.th the PrQject site mayva.ryfrom
<br />those encountered in borings, surveys or explorations and the 1n!orma.tion and recommendations developed by
<br />STS are based solely on the 1n!orma.tion available.
<br />
<br />cL The services ofSTS's :fleldpersonnel neither include responsibillturfor the superintendence of the construction
<br />p1'Q1ect nor d1rect1on or control of the a.ctual work of the contractor, its subcontractors, or other mater1&lmen or
<br />service providers not engaged by STS. It is further agreed that STS is not responsible for, nor is it to review, the
<br />adequacy of job sa.fetur on the PrQject.
<br />
<br />1DC'n0B 8: :r..IIIfteIOB 01' no~OB.AL T.Ta'RTT.'I'!'r
<br />
<br />L IT IS AGREED THAT THE CLIENT'S MAXIMUM RECOVERY AGAINST STS FOR THE PROFESSIONAL SERVICES
<br />PERFORMED UNDER THIS AGREEMENT, WHETHERINOONTRAa!', 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 OONTRAa!', TORT OR OTHERWISE, IS THE AWARD 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 CONTRAa!', TORT OR OTHERWISE, FOR CLIENT'S WOO OF PROFITS,
<br />DELAY DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, OR OONSEQUENTIAL WOO OR DAMAGE OF ANY
<br />NATURE ARISING AT .ANYTIME OR FIWM ANY CAUSE WHATSOEVER.
<br />
<br />'b. The Cl1entfurther agrees to notify any contractor or subcontractor who may perform work in connection with
<br />anydes1gn., report or study prepa.red by STS of such l1m1tation ofprofessionalliabillturfor des1gn. defects, breach
<br />of contract, errors, omissions or professional negl1gence and require as a condition precedent to their
<br />performing their work a like l1m1tation of liabilltur on their pa.rt as ag&1nst STS.
<br />
<br />c. Documents, includingbut not l1m1ted to, technic&l reports, or1gin&1 boring logs, fleld data, fleldnotes, laboratory
<br />test data, c&lcu1ations and est1m&tes furn1shed to the Client or its agents pursuant to tb1s .Agreement are not
<br />intended or represented. to be suitable for reuse by the Client or others on extensions of the PrQject or on any
<br />other p1'Q1ect. AIry reuse without STS's written consent will be at Client's sole risk and without l1&billtur or legal
<br />exposure to STS or to STS's contractor(s) and Client shall1nd.emntt'y &Ild hold ba.rmless STS and STS's
<br />contractor( s) from &ll cl&1ms, riA-mages, losses and expenses 1ncluding attorney's fees a.r1s1ng out of or resulttng
<br />therefrom.
<br />
<br />cL Under no c1rcumst:&nCes shall STS be liable for extra work or other consequences due to ch&nged conditions or
<br />for costs related to f&1lure of the construction contractor or mater1&lmen or service providers to inst&1l work in
<br />aocord&noe with the plans and spec1flcations.
<br />
<br />e. NOTWITHSTANDING THE LIMITATION OF LIABILITY OF SECTION 8& ABOVE, IT IS FURTHER AGREED THAT
<br />IFSTS'S SERVICES UNDER THIS AGREEMENT OONSIST OF LABORATORY TESTING AND/ORCLABSIFICATION
<br />OF SOILS OR OTHER MATERIAlB, WITHOUT ENGINEERING EVALUATION OR STCDY, THE CLIENT'S
<br />MAXIMUM RECOVERY FOR SUCH SERVICES WHETHER IN OON'I'R.A.aI', TORT OR OTHERWISE SHALL NOT
<br />EXCEED STS'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 CONTRAa!', TORT OR
<br />OTHERWISE IS THE AWARD OF DAMAGES NOT TO EXCEEDTHE.AMOUNTOFSTS'S FEES. IN NO EVENT SHALL
<br />STS BE LIABLE, WHETHER IN OON'I'R.A.aI', TORT OR OTHERWISE, FOR CLIENT'S WOO 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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