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<br /> . �HANSON
<br /> to, loss of use, loss of profit, loss of business, loss of CLIENT and HANSON agree that all disputes between
<br /> income, loss of reputation and any other consequential them arising out of or relating to this Agreement or this
<br /> damages that either party may have incurred from any Project shall be submitted to nonbinding mediation.
<br /> cause of action including negligence, strict liability,breach
<br /> of contract and breach of strict and implied warranty. Both 12. Authority and Responsibility: HANSON shall not
<br /> CLIENT and HANSON shall require similar waivers of guarantee the work of any Contractor or Subcontractor,
<br /> consequential damages protecting all the entities or persons shall have no authority to stop work, shall have no
<br /> named herein in all contracts and subcontracts with others supervision or control as to the work or persons doing the �
<br /> involved in the Project. work, shall not have charge of the work, and shall not be I
<br /> responsible for safety in, on, or about the job site or have i
<br /> 8. Limitation of Remedies: The CLIENT understands that any control of the safety or adequacy of any equipment, '
<br /> for the compensation herein provided HANSON cannot building component, scaffolding, supports, forms or other
<br /> expose itself to remedies disproportionate to the nature and work aids. �
<br /> scope of HANSON's services or the compensation payable �
<br /> to it hereunder. Therefore, the CLIENT agrees to limit 13. Right of Entry: CLIENT shall provide for �
<br /> HANSON's remedies to the CLIENT arising from HANSON's right to enter property owned by CLIENT I
<br /> HANSON's professional acts, errors, omissions, strict and/or others in order for HANSON to fulfill the scope of �I
<br /> liability, or breach of contract such that the total aggregate services for this Project. CLIENT understands that use of j
<br /> amount of remedies of HANSON shall not exceed$50,000 exploration equipment may unavoidably cause some I
<br /> or HANSON's total net fee for services rendered on this damage, the correction of which is not the responsibility �
<br /> Project, whichever is greater. This limitation of remedies of HANSON. I,
<br /> clause pertains to HANSON and its employees, and to its I
<br /> subcontractors and subconsultants, and applies as single 14. Utilities: CLIENT shall be responsible for I
<br /> aggregate amount to all work performed under the designating the location of all utility lines and �
<br /> Agreement, including all wark performed under an subterranean structures within the property line of the i�
<br /> amendment or modification. If CLIENT desires a limit of Project. CLIENT agrees to waive any claim against '
<br /> remedies greater than that provided above, CLIENT and HANSON, and to defend, indemnify and hold harmless
<br /> HANSON shall include in this Agreement the amount of from any claim or liability for injury or loss arising from I
<br /> such limit and the additional compensation to be paid to HANSON or other persons encountering utilities or other j
<br /> HANSON for assumption of such additional risk. man-made objects that were not called to HANSON's ,
<br /> attention or which were not properly located on plans �
<br /> 9. Assignment: Neither party to this Agreement shall furnished to HANSON. CLIENT further agrees to
<br /> transfer, sublet, or assign any rights or duties under or compensate HANSON for any time or expenses incurred
<br /> interest in this Agreement, including but not limited to by HANSON in defense of any such claim, in accordance
<br /> monies that are due or monies that may become due, with HANSON's prevailing fee schedule and expense
<br /> without the written consent of the other party. reimbursement policy.
<br /> Subcontracting to subconsultants, normally contemplated
<br /> by HANSON as generally accepted business practice, shall 15. Job Site: Services performed by HANSON durinb
<br /> not be considered an assignment for purposes of this construction will be limited to providing assistance in
<br /> Agreement. quality control and to deal with questions by the
<br /> CLIENT's representative concerning conformance with
<br /> l0. Statutes of Repose and Limitation: All legal causes of drawings and specifications. This activity is not to be
<br /> action between the parties to this Agreement shall accrue interpreted as an inspection service, a construction
<br /> and any applicable statutes of repose or limitation shall supervision service, or guaranteeing the Contractor's
<br /> begin to run not later than the date of Substantial performance. HANSON will not be responsible for
<br /> Completions. If the act or failure to act complained of construction means, methods, techniques, sequences or
<br /> occurs after the date of Substantial Completion, then the procedures, or for safety precautions and programs.
<br /> date of final completion shall be used,but in no event shall HANSON will not be responsible for the Contractor's
<br /> any statute of repose or limitation begin to run any later obligation to carry out the work in accordance with the
<br /> than the date HANSON's services are completed or Contract Documents. HANSON will not be considered I
<br /> terminated. an agent of the owner and will not have authority to direct 'I
<br /> the Contractor's work or to stop work. �,
<br /> ll. Dispute Resolution: In an effort to resolve any
<br /> conflicts that arise during the design and construction of l6. Opinions of Cost: Since HANSON has no control I
<br /> this Project or following completion of this Project, the over the cost of labor, materials or equipment or over a j
<br /> General Conditions(C/5)Rev.1 2 I
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