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The rates shown in Exhibit A shall be subject to annual adjustment based on the mutual consent of the panics. Where charges are "not to exceed" a specified sum, GeoSyntec shall notify SWDD before such sum is exceeded and shall not continue to provide the Services beyond such sum unless SWDD authorizes an increase in the sum. Ifa "not to exceed" sum is broken down into budgets for specife tusks, the task budget may be exceeded without SWDD authorization as long res the total sum is not exceeded. 2. PAYMENT CONDITIONS GeoSyntec periodically shall submit invoices to SWDD. SWDD shall pay each invoice in accordance with the requirements set forth in the Florida Prompt Payment Act. 3. CONSTRUCTION PROCEDURES GeoSyntec shall not be responsible for the was or omissions of other parties chipped by SWDD, and shall not have cantml or charge of and shall not be responsible for their construction means, methods, techniques, sequences, or procedures, or for their safety precautions and programs. RECOGNITION OF RISK SWDD recognizes that opinions relating to enviramnental, geologic and gmuchnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where data are obtained, and that the limited data results in uncertainty with respect to the interpretation of these conditions, despite the use of due professional care. It Is further recognized that the state of potence, particularly with respect to contaminated site and waste conditions, is changing and evolving (for example, the long-term effect ofchemicals on soils or manufactured or constructed liner systems is not well-established or known at this time), and, further, that certain of the gove ental regulations relating to hazardous waste sites purport to require achievement of results which cannot beaccomplished in an absolute sense (e.g., the construction of entirely impermeable liners). GeoSyntec shall be obligated to comply with applicable professional standards of care in the perronnance of the Services but does not guarantee results. RISK ALLOCATION The liability of GeoSynmc, its employees, agents and subcontractors (hereinaficr far purposes or this paragraph 5 referred to collectively as "GeoSyntec"), for SWDD's claims of loss, injury, death, damage, or expense, including, without limitation. SWDD'S claims of contribution and indemnification with respect to third -parry claims relating to services rendered or obligations Imposed under this Agreement, including ell Work Ai dmrizations, shall not exceed in the aggregate under this Agreement the limits ofGeoSyntec's insurance coverage. INSURANCE During the term of this agreement. Gonsymuc shall maintain the in coverage set forth in cert GeoSymm's insurance certificate dated 5 April 1999, which is snatched hereto and incorporated herein by this reference, with limits not less then Nose stated. The Commercial General and Automobile Liability policies will be endorsed to add SWDD as an additional. The issuing company on all policies shall endeavor to provide SWDD with thirty (30) days written notice of cancellation or material change in any ofthe coverage. INDEMNIFICATION If any claim is brought against SWDD and/or GeoSyntec, its employees, agents and subeonmctars, by a third party, relating in any way to services under this Agreement, including all Work Authorizations, the contribution and indemnification rights and obligations of SWDD and OwSymec, subject to the allocation of risk under INDMNRI.WC