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R89-124 AUTHORIZING ENGINEERING AGREEMENT (CITY PROJECT 8924)
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R89-124 AUTHORIZING ENGINEERING AGREEMENT (CITY PROJECT 8924)
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8/8/2016 11:26:28 AM
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Resolution/Ordinance
Res Ord Num
R89-124
Res Ord Title
AUTHORIZING ENGINEERING AGREEMENT WELL WATER TRANSMISSION ALTERNATIVE STUDY CITY PROJECT 8924
Approved Date
9/18/1989
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In the event of joint or concurrent negligence <br /> of Harza and Client, each shall bear that portion <br /> of the loss or expense that its share of the joint <br /> or concurrent negligence bears to the total negli- <br /> gency (including that of third parties) which caused <br /> the personal injury or property damage. <br /> In no event shall Harza at any time be liable <br /> for special, incidental or consequential damages, <br /> including but not limited to loss of profits, <br /> revenue, use of capital, claims of customers, cost <br /> of purchased or replacement power, or for any other <br /> loss of any nature, whether based on contract, tort, �� <br /> negligence, strict liability or otherwise, by reason I'' <br /> of the services rendered under this Agreement. <br /> The trustees, directors, officers, employees, <br /> agents and consultants of the respective parties are <br /> deemed to be included within the term "Harza" and <br /> "Client" for purposes of this subsection. <br /> (i) Hazardous Substances <br /> In the event the performance of services under <br /> this Agreement by Harza results in the discovery, <br /> location, disturbance, release, disposal or escape <br /> of hazardous or contaminating substances on or from <br /> the premises that constitute the project site, <br /> Client will defend, indemnify and hold Harza its <br /> 891012 <br /> WP298-AG -9- <br />
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