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<br /> 6.1 In performing services, Consultant agrees to exercise professional judgment, made on the basis of the information available to
<br /> Consultant, and to use the same standard of care and skill ordinarily exercised in similar circumstances by consultants performing
<br /> comparable services in the region. This standard of care shall be judged as of the time and place the services are rendered, and not
<br /> according to later standards. The expiration date of this standard of care is one (1) year from the date of completion of the services.
<br /> Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of
<br /> professional judgment shall not excuse Client from paying for services rendered or result in liability to Consultant.
<br /> 6.2 If any failure to meet the foregoing standard of care appears during one year from the date of completion of the service and
<br /> Consultant is promptly notified thereof in writing, Consultant will at its option and expense re-perform the nonconforming services or
<br /> refund the amount of compensation paid to Consultant for such nonconforming services. In no event shall Consultant be required to bear
<br /> the cost of gaining access in order to perform its standard of care obligations.
<br /> THE FOREGOING STANDARD OF CARE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR
<br /> STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY. CONSULTANT DOES NOT WARRANT ANY PRODUCTS OR SERVICES OF
<br /> OTHERS DESIGNATED BY CLIENT.
<br /> 7.0 INSURANCE
<br /> Consultant will procure and maintain insurance as required by law. At a minimum, Consultant will have the following coverage-
<br /> (a) Workers'compensation and occupational disease insurance in statutory amounts.
<br /> (b) Employer's liability insurance in the amount of$1,000,000
<br /> (c) Automotive liability in the amount of$1,000,000.
<br /> (d) Comprehensive General Liability insurance for bodily injury,death or loss of or damage to property of third persons in
<br /> the amount of$1,000,000 per occurrence,$2,000,000 in the aggregate.
<br /> (e) Professional errors and omissions insurance in the amount of$1,000,000.
<br /> 8.0 INDEMNITY
<br /> 8.1 Each Parry will indemnify the other Party, its officers, directors and employees from and against any claims, costs, liabilities or
<br /> expenses, including reasonable attorneys' fees, to the extent caused by the negligent or reckless acts or willful misconduct of the
<br /> indemnifying Party in connection with the services hereunder
<br /> 8.2 Notwithstanding the foregoing,in the event that Consultant performs intrusive ground work as part of the Scope of Work,Client
<br /> shall indemnify Consultant from and against any and all claims, costs, liabilities or expenses, including reasonable attorneys' fees,
<br /> resulting from, or arising out of, damages to subsurface or underground utilities or structures, including but not limited to, gas,
<br /> telephone, electric, water or sewer utilities whose locations were not designated or identified to Consultant prior to the
<br /> commencement of any subsurface investigation or cleanup, including but not limited to, excavation, drilling, boring, or probing
<br /> required to be conducted by Consultant as part of site investigation,characterization or remediation services.
<br /> 8.3 To the extent the Scope of Work or any request for services under this Agreement requires Consultant to communicate (e.g.,
<br /> perform interviews) with any third party including, but not limited to, owners of off-site locations, former employees, current
<br /> employees or governmental authorities, Consultant shall so inform Client. Client will indemnify Consultant from any claims, costs,
<br /> liabilities or expenses, including reasonable attorneys' fees to the extent arising from claims of breach of confidentiality, waiver of
<br /> privilege or otherwise,associated with any such communications.
<br /> 9.0 ALLOCATION OF RESPONSIBILITY
<br /> 9.1 Consultant shall be liable to Client only for direct damages to the extent caused by Consultant's negligence or willful misconduct in
<br /> the performance of its services. UNDER NO CIRCUMSTANCES SHALL CONSULTANT BE LIABLE FOR INDIRECT,CONSEQUENTIAL,SPECIAL OR
<br /> EXEMPLARY DAMAGES,OR FOR DAMAGES CAUSED BY CLIENT'S FAILURE TO PERFORM ITS OBLIGATIONS. To the fullest extent permitted
<br /> by law,the total liability in the aggregate of Consultant and its employees, subcontractors or suppliers to Client and anyone claiming by,
<br /> through or under Client on all claims of any kind (excluding claims for death or bodily injury) arising out of or in any way related to
<br /> Consultant's services, or from any cause or causes whatsoever, including but not limited to negligence, errors, omissions, strict liability,
<br /> indemnity or breach of contract,shall not exceed the total compensation received by Consultant under this agreement,or the total amount
<br /> of$50,000,whichever is greater All such liability shall terminate on the expiration date of the Standard of Care period specified in Section
<br /> 6.
<br /> 9.2 If Consultant furnishes Client with advice or assistance concerning any products,systems or services which is not required under the
<br /> Scope of Work or any other contract among the parties,the furnishing of such advice or assistance will not subject Consultant to any liability
<br /> whether in contract,indemnity,warranty,tort(including negligence),strict liability or otherwise.
<br /> 10.0 DISPOSAL OF CONTAMINATED MATERIAL
<br /> Proposal Number 264523.9990
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