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BK:00025 PG:0108
<br />16. Safety CONSULTANT shall not be responsible for Site safety and shall have no
<br />right or obligation to direct or stop the work of CLIENT's contractors, agents, or
<br />employees.
<br />17. Force Maieure CONSULTANT shall not be responsible for any delays,
<br />damages, costs, expenses, liabilities or other problems that may arise as a result of a
<br />force majeure. A "force majeure" is defined as any event arising from causes beyond
<br />the reasonable control of CONSULTANT, including but not limited to fire, flood, unusual
<br />inclement weather, acts of God, civil strikes or labor disputes, riots, acts or failures of
<br />government.
<br />18. Limitation of Liability CONSULTANT's liability to CLIENT for any and all claims
<br />(including, but not limited to, claims for negligence, breach of contract, breach of
<br />warranty, strict liability, errors and omissions), losses, expenses, or damages arising out
<br />of related to this Agreement shall not exceed $50,000 or to the fee paid to
<br />CONSULTANT under this Agreement, whichever is greater.
<br />19. Indemnity CLIENT shall, to the fullest extent permitted by law, indemnify,
<br />defend and hold harmless the CONSULTANT from and against any and all claims,
<br />liabilities, losses, damages, costs or expenses, including, without limitation, reasonable
<br />attorneys fees, awards, fines, damages or judgments arising out of or relating to, any or
<br />all of the following: (a) any inaccurate, insufficient or incomplete information provided to
<br />CONSULTANT by CLIENT and any and all actions, advice, decisions or judgments
<br />made or recommended by CONSULTANT in reliance on such information; (b) any
<br />events, problems or circumstances arising out of or related to CLIENT's negligence or
<br />breach of this Agreement; (c) any and all claims or liabilities resulting from CLIENT's (or
<br />CLIENT's contractors, agents, employees or representatives) violation of federal, state
<br />or local statutes, regulation ordinances, including but not limited to, statutes, regulations
<br />and ordinances related to the handling, removal, disposal, treatment, or transportation
<br />of hazardous substances or constituents; (d) all claims and liabilities resulting from or
<br />related to Site conditions or hazardous substances or constituents introduced at the Site
<br />by any person or entity other than CONSULTANT; and (e) any claim or lawsuit against
<br />CONSULTANT arising out of or in any way related to materials, elements, hazardous
<br />substances or constituents at or from the CLIENT's facility, including, but not limited to
<br />any claims of injuries, illness or disease from such materials, elements, hazardous
<br />substances or constituents.
<br />20. Hazardous Substances and Constituents The CLIENT agrees to advise the
<br />CONSULTANT upon execution of this Agreement of any hazardous substances or any
<br />condition existing in, on or near the Project Site presenting a potential danger to human
<br />health, the environment or equipment. The CLIENT agrees to provide continuing
<br />information as it becomes available to the attention of the CLIENT in the future. By
<br />virtue of entering into this Agreement or of providing services hereunder, the
<br />CONSULTANT does not assume control of, or responsibility for, the Project Site or the
<br />person in charge of the Project Site or undertake responsibility for reporting to any
<br />federal, state or local public agencies, any conditions at the Project Site that may
<br />Agreement for Professional Services Page 4 of 25
<br />Lee County FY 2011 CDBG
<br />Scattered Site Housing Grant Administration
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