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The trustees, directors, officers, employees, agents and consultants of the respective parties are deemed to be <br /> included within the term"Harza"and"Client"for purposes of this subsection. <br /> (i) Limitation of Liability <br /> The Client agrees to limit Harza's liability to the Client and to all construction contractors and <br /> subcontractors where applicable, on this work, for damages to them, due to Harza's negligent acts, errors or <br /> omissions, such that the total liability of Harza to all those named shall not exceed the insurance amounts <br /> required or Harza's total fee for services rendered on this work,whichever is greater. <br /> (j) Hazardous Substances <br /> 1. Client represents to Harza that to the best of its knowledge,a Hazardous Environmental Condition <br /> does not exist. <br /> 2. Client has disclosed to the best of its knowledge to Harza the existence of all Asbestos,PCB's, <br /> Petroleum,Hazardous Waste,or Radioactive Material located at or near the Site, including type,quantity and <br /> location. <br /> 3. If a Hazardous Environmental Condition is encountered or alleged,Harza,upon its recognition of such <br /> condition, shall have the obligation to notify the Client and, to the extent of applicable Laws and Regulations, <br /> appropriate governmental officials. <br /> 4. It is acknowledged by both parties that Harza's scope of services does not include any services related <br /> to a Hazardous Environmental Condition,Harza may,at its option and without liability for consequential or any <br /> other damages, suspend performance of services on the portion of the Project affected thereby until the Client: <br /> (i)retains appropriate specialist consultant(s)or contractor(s)to identify and,as appropriate,abate,remediate,or <br /> remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with <br /> applicable Laws and Regulations. <br /> 5. The Client acknowledges that Harza is performing professional services for the Client and that Harza <br /> is not and shall not be required to become an"arranger","operator","generator", ar"transporter" of hazardous <br /> substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of <br /> 1990 (CERCLA), which are ar may be encountered at or near the Site in connection with Harza's activities <br /> under this agreement. <br /> 6. If Harza's services under this Agreement cannot be performed because of a Hazardous Environmental <br /> Condition, the existence of the condition shall justify Harza's terminating this Agreement for cause on 30 days <br /> notice. <br /> (k) GoverninQ Law <br /> This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. <br /> Page 5 of 15 <br />