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DocuSign Envelope ID:84FEED65-C734-4847-8E30-55FF579C2681
<br /> so **,*
<br /> ` 4 �0 1001 Boulders Parkway P 804.200.6500
<br /> Suite 300 F 804.560.1016
<br /> TIMMONS GROUP Richmond, VA 23225 www.timrnormcom
<br /> YOUR VISION ACHIEVEO THROUGH OURS
<br /> EXHIBIT B
<br /> TERMS AND CONDITIONS
<br /> or someone acting on the Client's behalf, Client agrees to assume all risks associated therewith,to
<br /> remove from copies provided to the Client all identification reflecting the involvement of TIMMONS
<br /> GROUP in their preparation and to the fullest extent permitted by law, to hold TIMMONS GROUP
<br /> harmless and indemnify it from and against any claims, liabilities, damages, losses and costs,
<br /> including but not limited to attorney's fees, arising therefrom or in connection therewith.
<br /> 6. GOVERNING LAW: This Agreement shall be governed according to the laws of the
<br /> Commonwealth of Virginia.
<br /> 7. THIRD PARTY RIGHTS: This Agreement shall not create any rights or benefits to parties other
<br /> than the Client and TIMMONS GROUP.
<br /> 8. ASSIGNMENT: This Agreement may not be assigned without the prior written consent of the Client
<br /> and TIMMONS GROUP, such consent not to be unreasonably withheld.
<br /> 9. PROJECT SITE SAFETY: TIMMONS GROUP's Project site responsibilities are limited solely to
<br /> the activities of TIMMONS GROUP and TIMMONS GROUP's employees on the Project site.
<br /> These responsibilities shall not be inferred by any party to mean that TIMMONS GROUP has
<br /> responsibility for Project site safety. The Client and TIMMONS GROUP agree that Project site
<br /> safety is the sole and exclusive responsibility of the Project's owners or contractor(s). The parties
<br /> likewise agree that the Project contractor(s) is solely responsible for Project means, methods,
<br /> techniques, sequences of operation and procedures, and that TIMMONS GROUP shall have no
<br /> obligations relating to these contractor(s)duties.
<br /> 10. LIMITATION OF LIABILITY: To the fullest extent permitted by law, except as expressly stated in
<br /> this Agreement, Timmons Group makes no representations or warranties, express or implied.
<br /> Notwithstanding any other provision of this Agreement, the maximum liability, in the aggregate, to
<br /> the Client and anyone claiming by or through the Client, of TIMMONS GROUP and its officers,
<br /> directors, shareholders, partners,employees, agents and subconsultants, and any of them,for any
<br /> and all claims, losses, or damages, including attorney's fees, in any way related to or arising from
<br /> the Project or this Agreement, shall not exceed the total compensation received over the past six
<br /> calendar months by TIMMONS GROUP under this Agreement, or$50,000, whichever is greater.
<br /> 11. INDEMNIFICATION: TIMMONS GROUP agrees, to the fullest extent permitted by law, to
<br /> indemnify and hold harmless the Client, its officers,directors and employees, against all damages,
<br /> liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused
<br /> solely and directly by the negligent performance of professional services by TIMMONS GROUP or
<br /> its agents under this Agreement. The Client agrees, to the fullest extent permitted by law, to
<br /> indemnify and hold harmless TIMMONS GROUP, its officers, directors, employees and agents,
<br /> against all damages, costs and liabilities, including reasonable attorney's fees, caused solely by
<br /> the Client's negligent acts in connection with the Project or that of its Contractor(s), subcontractors
<br /> or consultants or anyone for whom the Client is legally liable. Neither TIMMONS GROUP nor the
<br /> Client shall be obligated to indemnify the other party in any manner whatsoever for the other party's
<br /> own negligence.
<br /> CIVIL ENGINEERING I ENVTRONMENTAL I SURVEYING I GIS I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES
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