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y l \ 9 . The CLIENT shall, at all times, indemnify and save harmless Pickett and its officers, agents, and employees on account of any claims, damages, losses, litigation, expenses, counsel fees, and compensation arising out of any claims, damages personal injuries, property losses and/or economic damages sustained by or alleged to have been sustained by any person or entity, and caused in whole or in part by the acts, omissions or negligence of the CLIENT, its agents, employees, or subcontractors in connection with the project . 10 . For any damage on account of any error, omission or other professional negligence, Pickett liability will be limited to a sum not to exceed $ 50, 000 or the fee received under this Agreement less third - party costs, whichever is greater. 11 . Pickett shall not be responsible for failure to perform or for delays in the performance of work, which arises out of causes beyond the control and without the fault or negligence of Pickett . 12 . All documents including drawings, digital files and specifications prepared by Pickett pursuant to this Agreement are instruments of service in respect to the project . They are not intended or represented to be suitable for reuse by the CLIENT on extensions of the project or on any other project . Any reuse without written verification or adaptation by Pickett for the specific purpose intended will be at the CLIENT' s sole risk and without liability or legal exposure to Pickett; and the CLIENT, or whoever shall reuse said documents, shall indemnify and hold harmless Pickett from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting there from . Any such verification or adaptation will entitle Pickett to additional compensation at rates to be agreed upon by Pickett and the person or entity seeking to reuse said documents . 13 . In entering into this Agreement, CLIENT has relied only upon the warranties or representation ( a ) set forth in this Agreement; or ( b) implied in law . No oral warranties, representations or statements shall be considered a part of this Agreement or a basis upon which the CLIENT relied in entering into this Agreement . No statements, representations, warranties, or understandings, unless contained herein, exist between CLIENT and Pickett . 14 . In the event that any survey staking is destroyed by acts of nature or parties other than Pickett, the cost of re -staking shall be considered as additional services and will be provided upon authorization by the CLIENT. 15 . In the event all or any portion of the work prepared or partially prepared by Pickett is suspended , abandoned , or terminated , the CLIENT shall pay Pickett all fees, charges, and services provided for the project, not to exceed any contract limit specified herein . 16 . Pickett ' s services under this agreement do not include participation in any litigation . Pickett agrees to serve as an expert witness provided that a separate contract is negotiated and agreed upon .