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9.2 In no event, whether in contract, indemnity, warranty, tort (including negligence), strict <br />liability or otherwise shall CONSULTANT, its employees, subcontractors or suppliers be <br />liable for: loss of profits or revenue; loss of use of any equipment or facilities; cost of capital; <br />cost of purchased power, cost of substitute equipment, facilities or services; downtime <br />costs; any special, consequential, incidental, punitive, or exemplary damages; or claims of <br />customers of CLIENT. <br />9.3 If CONSULTANT furnishes CLIENT with advice or assistance concerning any products, <br />systems or services which is not required under the Scope of Work or any other contract <br />among the parties, the furnishing of such advice or assistance will not subject <br />CONSULTANT to any liability whether in contract, indemnity, warranty, tort (including <br />negligence), strict liability or otherwise. <br />ARTICLE 10. OWNERSHIP OF DOCUMENTS <br />10.1 CONSULTANT shall furnish the number of copies of each Report to CLIENT specified in the <br />Proposal. Except for the reports, all field data and notes, laboratory test data, calculations, <br />estimates and other documents, which the CONSULTANT prepares, shall remain the <br />property of the CONSULTANT. The CLIENT agrees that all reports and other work the <br />CONSULTANT provides, which are not paid for, will be returned to CONSULTANT upon <br />demand and will not be used for any purpose whatsoever. <br />10.2 Any Report prepared as part of the work will be prepared solely for use of the CLIENT. <br />Other third parties are not to rely on the Report unless both CONSULTANT and CLIENT <br />consent in writing to such reliance. CONSULTANT may assess a charge in connection with <br />documenting such consent. <br />10.3 CONSULTANT will prepare and perform the work according to the scope and purposes of <br />this Agreement. To the extent that the work product is utilized in any manner outside the <br />scope and purposes of this Agreement, CONSULTANT reserves the right to notify directly <br />any third -party recipient of the limitations of the work product due to the scope and <br />purposes of the Agreement under which it was prepared. It is expressly acknowledged that <br />this reservation by CONSULTANT is necessary to protect and preserve CONSULTANTS <br />professional reputation with respect to its work product. <br />ARTICLE 11. INDEPENDENT CONTRACTOR <br />11.1 The CONSULTANT is an independent contractor and shall not be regarded as an employee <br />a <br />or agent of the CLIENT. <br />ARTICLE 12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS <br />12.1 The CONSULTANT shall observe all applicable provisions of the federal, state and local laws <br />and regulations, including those relating to equal opportunity employment. <br />Page 5 of 6 <br />