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<br /> i (1) The total sum of $250,000 for claims arising out of professional negligence, including
<br /> � srrors, omissions, or other professionai acts, and inciuding unintentional breach of contract; and any .
<br /> � actual or potential environmental pollution or contamination, including, without limitation, any actua� or �
<br /> ► threatened release of toxic, irritant,pollutant, or waste gases, liquids, or solid materials, or failure to detect
<br /> � or properly evaluate the presence of such substances, except to the extent such release, threatened
<br /> � release,or failure to detect or evaluate is caused by the willful misconduct of URS;or �
<br /> � (2) The total sum of$1,000,000 for claims arising out of negligence, breach of contract, or
<br /> � other causes for which URS has any legal liability,other than as limited by(1)above.
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<br /> � ARTICLE VI -Insurance. URS agrees to maintain during the performance of the Services: (1)statutory
<br /> Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; (4) Automobile Liabiliry �
<br /> ; and (5) Professional Liability insurance coverage each in the sum of$1,000,000. General Liabitity shall
<br /> ; have an aggregate limit of$2,000,000.
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<br /> ARTICLE VII - Consequential Damaqes. Neither Party shall be liable to the other for consequential �
<br /> ' damages, including, without limitation, ioss of use or loss of profits, incurred by one another or their 3
<br /> � subsidiaries or successors, regardless of whether such damages are caused by breach of contract,willful g
<br /> ; misconduct,negligent act or omission,or other wrongful act of either of them. ;
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<br /> � ARTICLE VIII-Ciient Responsibilitv. Client shatl: (1)provide URS, in writing, all information relating to �
<br /> ClienYs requirements for the project; (2) correctly identify to URS, the location of subsurface structures, �
<br /> such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazardous substances or other �
<br /> � health and safety hazard or condition known to Client existing on or near the project site; (4) give URS
<br /> ; prompt written notice of any suspected deficiency in the Services; and (5) with reasonable prompMess, €
<br /> provide required approvals and decisions. In the event that URS is requested by Client or is required by !
<br /> subpoena to produce documents or give testimony in any action or proceeding to which Client is a party
<br /> and URS is not a party, Client shall pay URS for any time and expenses required in connec6on therewith,
<br /> including reasonable attorneys fees.
<br /> Client shall reimburse URS for all taxes,duties and levies such as Sales, Use,Value Added Taxes, Deemed
<br /> Profits Taxes, and other similar taxes which are added to or deducted from the value of URS Services. For
<br /> the purpose of this Article such taxes shall not include taxes imposed on URS net income, and employer or
<br /> employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries
<br /> or any agency or subdivision fhereof in which URS subsidiaries, affiliates, or divisions are permanently
<br /> domiciled. It is agreed and understood that these net income, employer or employee payroll taxes are ;
<br /> included in the unit prices or lump sum to be paid URS under the respective Work Order. `
<br /> ARTICLE IX-Force Maieure. An event of"Force Majeure"occurs when an event beyond the control of the
<br /> Party claiming Force Majeure prevents such Party from fulfilling its�obligations. An event of Force Majeure !
<br /> includes, without limitation, acts of God (including floods, hurricanes and other adverse weather), war, riot,
<br /> civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of '
<br /> government or other authorities,law enforcement actions,curfews,closure of transportation systems or other i
<br /> unusual travel difficulties,or inability to provide a safe working environment for employees. � i
<br /> In the event of Force Majeure, the obligations of URS to perform the Services shall be suspended for the
<br /> duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time ;
<br /> expended and expenses incurred during the event of Force Majeure and the schedule shall be extended
<br /> by a like number of days as the event of Force Majeure. If Senrices are suspended for thirty(30) days or i
<br /> more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the �
<br /> affected Work Order, or both. In the case of such termination, in addition to the compensation and time �
<br /> extension set forth above, URS shall be compensated for all reasonable termination expenses. ;
<br /> ARTICLE X - Riaht of Entrv. Client grants to URS, and, if the project site is not owned by Client, ;
<br /> warrants that permission has been granted for, a right of entry from time to time by URS, its employees, ;
<br /> agents and subcontractors, upon the project site for the purpose of providing the Services. Client i
<br /> recognizes that the use of investigative equipment and practices may unavoidably alter the existing site ;
<br /> conditions and affect the environment in the area being studied, despite the use of reasonable care. !
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<br /> PSA-1.DOC(Rev.1) 30-AUG-04 _2_
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