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i . <br /> � <br /> -- (k) Le�al Proceedin�s <br /> In the event Engineer's employees are at any time required by the <br /> Client to provide testimony, answer interrogatories or otherwise provide <br /> information ("testimony") in preparation for or at a trial, hearing, proceeding <br /> or inquiry ("proceeding") arising out of the services that are the subject of this <br /> Agreement, where Engineer is not a party to such proceeding, the Client will <br /> compensate Engineer for its services pursuant to Engineer's Schedule of <br /> Charges then in effect and reimburse Engineer for all related direct costs <br /> incurred in connection with providing such services. This provision shall be <br /> of no effect if the parties have agreed in a separate agreement or in an <br /> amendment to this Agreement to terms which specifically supersede this <br /> provision, nor shall this provision apply in the event the Client engages <br /> Engineer to provide expert testimony or litigation support, which services shall <br /> be the subject of a separate agreement or an amendment to this Agreement. <br /> (1) Waiver of Contract Breach <br /> The waiver of one party of any breach of this Agreement or the failure <br /> of one party to enforce at any time, or for any period of time, any of the <br /> provisions hereof, shall be limited to the particular instance, shall not operate <br /> or be deemed to waive any future breaches of this Agreement and shall not <br /> be construed to be a waiver of any provision, except for the particular <br /> instance. <br /> �� 10/28/94 HES STD AGMT 2 -9- <br /> `.' TJ1103.AG1 <br />