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DocuSign Envelope ID:49C3D6C6-17EB-4320-B1 DF-601984A397F2
<br /> DocuSign Envelope ID:49C3D6C6-17EB-4320-B1DF-601984A397F2
<br /> FULLEST EXTENT PERMITTED BY LAW, SUMMIT'S (INCLUDING loss of profits,loss of revenue,loss of financing,rental expenses,cost of replacement
<br /> SUMMIT'S OFFICERS,DIRECTORS,MEMBERS,PARTNERS,AGENTS,AND power,and loss of use of equipment or facilities.
<br /> EMPLOYEES) TOTAL LIABILITY TO CLIENT AND CONSTRUCTION
<br /> CONTRACTORS AND SUBCONTRACTORS, AND ANYONE CLAIMING BY,
<br /> THROUGH, OR UNDER THEM, FOR ANY AND ALL INJURIES, CLAIMS, P) Complete Agreement:This Agreement constitutes the entire agreement between
<br /> LOSSES, EXPENSES, DAMAGES OR CLAIMS EXPENSES ARISING OUT OF the parties hereto and supersedes all previous understandings and agreements with
<br /> OR RELATING TO THIS AGREEMENT,WHETHER ARISING IN CONTRACT, respect to the Project or any of the provisions hereof. No statement,promise,condition,
<br /> TORT,EQUITY,STRICT LIABILITY,BY STATUTE,OR 0"1-1IERWISE,SHALL understanding,inducement,or representation,oral or written,expressed or implied,
<br /> BE LIMITED TO AND SHALL NOT EXCEED SUMMIT'S TOTAL FEE which is not contained herein shall be binding or valid and this Agreement shall not be
<br /> HEREUNDER OR$250,000, WHICHEVER IS SMALLER, TI I IS LIMITATION changed,modified or altered in any manner except by an instrument in writing executed
<br /> INCLUDES BUT IS NOT LIMITED TO CLAIMS BASED UPON DESIGN by the parties heretc-
<br /> PROFESSIONAL'S NEGLIGENCE, NEGLIGENT MISREPRESENTATION,
<br /> ERRORS, OMISSIONS, STRICT LIABILITY AND BREACH Oh CONTRACT. Q) Client and Summit are hereby bound and the successors,executors,administrators,
<br /> HIGHER LIMITS OF LIABILITY ARE AVAILABLE FOR A NEGOTIATED FEE. and legal representatives of Client and Summit are hereby bound to the other party to
<br /> N) Indemnification:To the fullest extent permitted by law,Client agrees to defend, this Agreement and to the successors, executors, administrators, and legal
<br /> indemnify and hold harmless Summit, its officers,directors,employees,agents,and representatives(and said assigns) of such other party, in respect of all covenants,
<br /> subconsultants from all claims, damages, injuries, liabilities, costs and expenses, agreements,and obligations of this Agreement,
<br /> including reasonable attorneys fees,arising from or claimed to arise from the acts,
<br /> omissions,negligence,fault,breach of contract,breach of warranty,or strict liability
<br /> of Client or its employees,agents,contractors and subcontractors,
<br /> F O) Consequential Damages: To the fullest extent permitted by law, Client and
<br /> Summit waive against each other, and the other's employees, officers, directors,
<br /> members, agents, insurers, partners, and consultants, any and all claims for or
<br /> entitlement to special,incidental,indirect,consequential,poilive,treble,or exemplary
<br /> damages arising out of,resulting from,or in any way related to this Agreement or the
<br /> Project,from any cause or causes. Consequential damages include without limitation
<br /> By signing this Agreement,you are consenting to the Terms and Conditions set forth herein. Please retain a copy for
<br /> yourself and return the signed Original to Summit Design and Engineering Services, PLLC.
<br /> Client: Orange County Summit Design and Engineering Services,PLLC
<br /> Address: PO Box 8181 Address: 504 Meadowland Drive
<br /> City/State: Hillsborough,NC 27278 City/Stat I Iillsborough,NC 27278
<br /> [SIGNl [SIGN]
<br /> By: By:
<br /> (Print Name) (Print Name)
<br /> Date: Date:
<br /> Page 4 of 4
<br /> (Revised 5-1-18)
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