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� �HANSON
<br /> income, loss of reputation and any other consequential basis that the total remedies against HANSON is limited
<br /> damages that either party may have incurred from any as set forth above.
<br /> cause of action including negligence, strict liability, breach
<br /> of contract and breach of strict and implied warranty. Both 10. Assignment: Neither party to this Agreement shall
<br /> CLIENT and HANSON shall require similar waivers of transfer, sublet, or assign any rights or duties under or
<br /> consequential damages protecting all the entities or persons interest in this Agreement, including but not limited to
<br /> named herein in all contracts and subcontracts with others monies that are due or monies that may become due,
<br /> involved in the Project. without the written consent of the other party.
<br /> Subcontracting to subconsultants, normally contemplated
<br /> 8. Contingency Fund: The Client and Hanson by HANSON as generally accepted business practice, shall
<br /> acknowledge that changes may be required during not be considered an assignment for purposes of this
<br /> construction because of possible omissions, ambiguities Agreement.
<br /> or inconsistencies in the plans and specifications and,
<br /> therefore, that the costs of the project may exceed the I1. Statutes of Repose and Limitation: All legal causes of
<br /> construction contract sum. The Client agrees to set aside action between the parties to this Agreement shall accrue
<br /> a reserve in the amount of Five Percent(5%) of the actual and any applicable statutes of repose or limitation shall
<br /> project construction costs as a contingency reserve to be begin to run not later than the date of Substantial
<br /> used, as required, to pay for any such increased project Completions. If the act or failure to act complained of
<br /> costs. The Client further agrees to make no claim by way occurs after the date of Substantial Completion, then the
<br /> of direct or third-party action against Hanson or sub- date of final completion shall be used,but in no event shall
<br /> contractors and subconsultants with respect to any any statute of repose or limitation begin to run any later �
<br /> payments within the limit of the contingency reserve than the date HANSON's services are completed or
<br /> made to the construction contractors because of such terminated. �
<br /> changes or because of any claims made by the
<br /> construction con[ractors relating to such changes. 12. Dispute Resolution: In an effort to resolve any
<br /> conflicts that arise during the design and construction of �
<br /> 9. Additional Limitation: In recognition of the relative this Project or following completion of this Project, the �
<br /> risks and benefits of the Project to both the CLIENT and CLIENT and HANSON agree that all disputes between �
<br /> HANSON, the risks have been allocated such that the them arising out of or relating to this Agreement ar this
<br /> CLIENT agrees that for the compensation herein provided Project shall be submitted to nonbinding mediation.
<br /> HANSON cannot expose itself to damages
<br /> disproportionate to the nature and scope of HANSON's 13. Authority and Responsibility: HANSON shall not ,
<br /> services or the compensation payable to it hereunder. guarantee the work of any Contractor or Subcontractor,
<br /> Therefore, the CLIENT agrees to limit its remedies shall have no authority to stop work, shall have no '
<br /> against HANSON arising from HANSON's professional supervision or control as to the work or persons doing the �
<br /> acts, errors or omissions, in any action based on strict work, shall not have charge of the work, and shall not be '�,
<br /> liability, breach of contract or any other cause of action, responsible for safety in, on, or about the job site or have i
<br /> such that the total aggregate amount of the CLIENT's any control of the safety or adequacy of any equipment, '�
<br /> damages shall not exceed $50,000 or HANSON's total building component, scaffolding, supports, forms or other
<br /> net fee for services rendered on the Project, whichever is work aids. I,
<br /> greater. This limitation pertains to HANSON and its '
<br /> employees, and to its subcontractors and subconsultants, l4. Right of Entry: CLIENT shall provide for '
<br /> and applies as a single aggregate amount to all work HANSON's right to enter property owned by CLIENT ��
<br /> performed under the Agreement, including all wark and/or others in order for HANSON to fulfill the scope of �
<br /> performed under an amendment or modification. If services for this Project. CLIENT understands that use of �
<br /> CLIENT desires a limit greater than that provided above, exploration equipment may unavoidably cause some li
<br /> CLIENT and HANSON shall include in this Agreement damage, the correction of which is not the responsibility ��
<br /> the amount of such limit and the additional compensation of HANSON. ��
<br /> to be paid to HANSON for assumption of such additional I
<br /> risk. CLIENT must notify HANSON in writing, before I5. Iltilities: CLIENT shall be responsible fior �
<br /> HANSON commences any services, of CLIENT's designating the location of all utility lines and �I
<br /> intention to negotiate a greater limitation of remedies subterranean structures within the property line of the I
<br /> against Hanson and its associated impact on services, Project. CLIENT agrees to waive any claim against
<br /> schedules, and compensation. Absent CLIENT's written HANSON, and to defend, indemnify and hold harmless
<br /> notification to the contrary, HANSON will proceed on the from any claim or liability far injury ar loss arising from �
<br /> HANSON or other persons encountering utilities or other ,
<br /> General Conditions(C/5)Rev.2 2 I�
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