R89-113 AUTHORIZING AGREEMENT - WVP CORPORATION

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GOVERNING Paragraph 14-Governing Law. LAW Unless otherwise specified within this Agreement,this Agreement shall be governed by the law of the State of Illinois. GENERAL Paragraph 15-General. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God,strikes, lockouts, accidents or other events beyond the control of the other or the other's employees and agents. In the event any provisions of this Agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision,term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. The ENGINEER has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods,techniques,sequences or procedures required for the Contractor to perform his work, but not relating to the final or completed structure; omitted services include, but are not limited to,shoring,scaffolding, underpinning,temporary retainment of excavations and any erection methods and temporary bracing. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the project and makes no warranty either express or implied. VERIFICATION Paraoraph 16-Verification of Existina Conditions Inasmuch as the rehabilitation of an existing structure requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the structure,the OWNER agrees that, except for negligence on the part of the ENGINEER,the OWNER will hold harmless, indemnify and defend the ENGINEER from and against any and all claims arising out of the professional services under this agreement. However,this Paragraph shall apply only to rehabilitation projects and assumptions made because of additional sums of money required to determine actual existing conditions. HAZARDOUS Paraaraph 17-Hazardous Materials MATERIAL The OWNER and ENGINEER have no knowledge of any hazardous materials, including asbestos, on or about the project site. The handling, sampling,testing, identifying, removal or designing for removal of such materials is not part of this contract. Should such material be encountered and identified during ENGINEER'S work or during construction,the ENGINEER shall stop work, give notice to the OWNER and shall resume work only upon the mutual agreement of both the OWNER and the ENGINEER. 7