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DocuSign Envelope ID: 7A32F47E-0314-4268-B9A1-3143A24CC164 <br /> Ireirracon, <br /> limit); and(N)professional liability insurance($1,000,000 claim I a:gg), Certificates of insurance swill be provided upon request.Chent and Consultant <br /> shall waive subrogation against the other party on all general liability and property coverage. <br /> 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE, LOSS OF <br /> USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS,OR SER'VIC'ES; COST OF CAPITAL; OR FOR <br /> ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUN'IT11/E,OR EXEMPLARY DAMAGES.. <br /> 11. Dispute Resolution. Client shall not be entitled to assent a Claire against Consultant based on any theory of professional negligence unless and <br /> until Client has obtained the written opinion tram a registered, independent,and reputable engineer,architect,or geologist that Consultant has violated <br /> the standard of care applicable to Consultant's performance of the Services. Client shalt provide this opinion to Consultant and the parties shall <br /> endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall'be governed by and construed <br /> according to Kansas law. <br /> 1 . Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or other <br /> exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable <br /> distance from those locations. Consultant wilt take reasonable precautions to reduce damage to the site when performing .Services; however, Client <br /> accepts that invasive services such as drilling or sampling may damage or alter the site.Site restoration is not provided unless specifically inctuded in <br /> the Services, <br /> 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate <br /> conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based'on tests and <br /> field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to <br /> reduce- not eliminate-project risk.. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if <br /> delegated to contractor)for requesting services,and notifying and scheduling Consultant so Consultant can perform these Services.Consultant is not <br /> responsible for damages caused by services not performed due to a failure to request or schedule Consultant's services., Consultant shall not be <br /> responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultant's performance of <br /> testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a <br /> warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for <br /> their means and methods. <br /> 14. Sample Disposition, Affected Materials, and indemnity.Samples are consumed in testing or disposed of upon completion of tests(unless <br /> stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client <br /> that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ('Affected <br /> Materials') at or near the site„ and shall immediately transmit new, updated, or revised information as i <br />