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LJ
<br />d
<br />d = OLSSON S
<br />assignment will release or discharge the assignor from any duty or responsibility under this
<br />Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such
<br />subconsultants and other subcontractors as Olsson may deem appropriate to assist in the
<br />performance of services under this Agreement.
<br />7.6.3 Nothing under this Agreement shall be construed to give any rights or benefits in this
<br />Agreement to anyone other than Client and Olsson, and all duties and responsibilities
<br />undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and
<br />Olsson and not for the benefit of any other party. There are no third -party beneficiaries of this
<br />Agreement.
<br />7.7 Indemnity
<br />Olsson and the Client mutually agree, to the fullest extent permitted by law, to indemnify and
<br />hold each other harmless from any and all damages, liabilities or costs, including reasonable
<br />attorneys' fees and defense costs, relating to personal injury or property damage and arising
<br />from their own negligent acts, errors or omissions in the performance of their services under this
<br />Agreement, but only to the extent that each party is responsible for such damages, liabilities or
<br />costs on a comparative basis of fault.
<br />7.8 Limitation on Damages
<br />7.8.1 Notwithstanding any other provision of this Agreement, and to the fullest extent
<br />permitted by law, neither the Client nor Olsson, their respective officers, directors, partners,
<br />employees, contractors or subconsultants shall be liable to the other or shall make any claim for
<br />any delay damages, any punitive damages or any incidental, indirect or consequential damages
<br />arising out of or connected in any way to the Project or to this AGREEMENT. This mutual
<br />waiver of delay damages and consequential damages shall include, but is not limited to,
<br />disruptions, accelerations, inefficiencies, increased construction costs, increased home office
<br />overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any
<br />other delay or consequential damages that either party may have incurred from any cause of
<br />action including negligence, strict liability, breach of contract and breach of strict or implied
<br />warranty. Both the Client and Olsson shall require similar waivers of consequential damages
<br />protecting all the entities or persons named herein in all contracts and subcontracts with others
<br />involved in this Project.
<br />7.8.2 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest
<br />extent permitted by law, Olsson's total liability to the Client for any and all injuries, claims,
<br />losses, expenses, damages, or claims expenses of any kind arising from any services provided
<br />by or through Olsson under this Agreement, shall not exceed $93,875. Client acknowledges
<br />that such causes include, but are not limited to, Olsson's negligence, errors, omissions, strict
<br />liability, breach of contract or breach of warranty.
<br />7.9 Entire Agreement
<br />This Agreement supersedes all prior communications, understandings and agreements,
<br />whether oral or written. Amendments to this Agreement must be in writing and signed by the
<br />Client and Olsson.
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