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substitute equipment, facilities or services; downtime costs; any special, consequential, incidental, <br />punitive, or exemplary damages; or claims of customers of Orange County. <br />9.3 If TRC furnishes Orange County with advice or assistance concerning any products, systems or <br />services which is not required under the Scope of Work or any other contract among the parties, the <br />furnishing of such advice or assistance will not subject TRC to any liability whether in contract, <br />indemnity, warranty, tort (including negligence), strict liability or otherwise. <br />ARTICLE 10. OWNERSHIP OF DOCUMENTS <br />10.1 TRC will prepare and perform the work according to the scope and purposes of this Agreement. To <br />the extent that the work product is utilized in any manner outside the scope and purposes of this <br />Agreement, TRC reserves the right to notify directly any third-party recipient of the limitations of <br />the work product due to the scope and purposes of the Agreement under which it was prepared. It is <br />expressly acknowledged that this reservation by TRC is necessary to protect and preserve TRC's <br />professional reputation with respect to its work product. <br />ARTICLE 11. INDEPENDENT CONTRACTOR <br />11.1 TRC is an independent contractor and shall not be regarded as an employee or agent of the Orange <br />County. <br />ARTICLE 12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS <br />12.1 TRC shall observe all applicable provisions of the federal, state and local laws and regulations, <br />including those relating to equal opportunity employment. <br />ARTICLE 13. SAFETY <br />13.1 Orange County shall be obligated to inform TRC and its employees of any applicable site safety <br />procedures and regulations known to Orange County as well as any special safety concerns or <br />dangerous conditions at the site. TRC and its employees will be obligated to adhere to such <br />procedures and regulations once notice has been given. <br />ARTICLE 14. LITIGATION <br />14.1 At the request of Orange County, TRC agrees to provide testimony and other evidence in any <br />litigation, hearings, or proceedings to which Orange County is or becomes a party in connection <br />with the work perfortned under this Agreement. Orange County agrees to compensate TRC at its <br />then cuirent rates for its time and other costs in connection with such evidence or testimony. <br />Similarly, if TRC is compelled by legal process to provide testimony or produce documents or other <br />evidence in connection witt~ work performed, TRC agrees to contact Orange County and cooperate <br />with Orange County and Orange County's counsel. Orange County agrees to compensate TRC at <br />its then current rates for its time and expense in connection with such testimony or document and <br />other evidentiary production. In the event the support services of TRC are required in connection <br />with litigation instituted by or against Orange County, Orange County agrees to obtain from Orange <br />County's counsel, a fully executed Agreement for Expert Services. A form of said Agreement for <br />Expert Services will be provided upon request and is incorporated by reference. While Orange <br />County understands that said Agreement for Expert Services obligates Orange County's attorney to <br />compensate TRC for any expenses, costs, or services incurred or rendered by TRC or its personnel <br />01-0EN•TkC.DOC <br />Pase 5 of 7 <br />