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or concurrent negligence bears to the total negligency (including that of third <br /> parties) which caused the personal injury or property damage. <br /> In no event shall Engineer at any tnne be liable for special, incidental <br /> or consequential damages, including but not limited to loss of profits, revenue, <br /> use of capital, claims of customers, cost of purchased or replacement power, <br /> or for any other loss of any nature, whether based on contract, tort, <br /> negligence, strict liability or otherwise, by reason of the services rendered <br /> under this Agreement. <br /> The trustees, directors, officers, employees, agents and consultants of <br /> the respective parties are deemed to be included within the term "Engineer" <br /> and "Client" for purposes of this section. <br /> (i) Governin� Law <br /> This Agreement shall be governed by and construed in accordance with <br /> the laws of the State of Illinois. <br /> (j) Successors and Assi� <br /> The terms of this Agreement shall be binding upon and inure to the <br /> benefit of the parties and their respective successors and assigns; provided, <br /> however, that neither party shall assign this Agreement in whole or in part <br /> without the prior written approval of the other. <br /> 10/28/94 HES STD AGMT 2 -8- <br /> i <br /> . <br /> � TJ1103.AG1 <br />