PROJ02008

• Contract/PO #: FS0073FX
• Contractor Name: Lamar, City of
• Contract Type: Grant
• Water District: 0
• Loan Projects - Doc Type: Feasibility Study

City of Lamar, Colorado
Potential for Pressurized Secondary Water
page 5

9. LIMITATION OF LIABILITY: To the fullest extent permitted by law, Aqua Engineering's total
liability to Client, Owner and any third parties for any.and all injuries. claims, losses. expenses,
damages or claims expenses arising out of this agreement from any cause or causes, shall not
exceed the contract amount. Such causes include but are not limited to Aqua Engineering's
negligent acts, errors, and omissions.

10. CONSEQUENTIAL DAMAGES: Aqua Engineering and the Client waive consequential damages
for claims, disputes or other matters in question arising out of or relating to this Agreement. This
mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination of the Agreement.

11. OPINION OF PROBABLE COSTS: Since Aqua Engineering has no control over the cost of
, water, energy, labor, materials, or equipment, or over Contractor's method of determining prices,
or over competitive bidding or.market conditions, the opinions of probable cost that may be
provided for herein are made on-the basis of experience. These opinions represent the judgment
of a design professional familiar with the construction industry. However, Aqua Engineering
cannot, and does not, guarantee that proposals, bids, construction cost, water cost or pumping
cost will not vary from opinions of probable cost prepared as a part of the work.

12. DISPUTES: Any claim or dispute arising out of this Agreement shall be subject to mediation
prior to arbitration or legal proceedings by either party. Disputes not solved by mediation may be
subject to arbitration, where both parties agree to the arbitration. In the event that a dispute is
not resolved by mediation or arbitration and results in litigation, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred in the defense of the claim,
including staff time, court costs, attorneys' fees, and other claim related expense.