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noted. OwnerlClient agrees to defend, indemify and bold harmless C.K.C., Inc., its agents <br />or subcontractors against any claims resulting from damage to underground utilities or <br />structures. <br />in the event either party brings an action to interpret or enforce the provisions of this <br />Agreement or A.ddeudum, the prevailing party to such action shall be entitled to recover its <br />reasonable attorney's fees and casts incurred in connection therewith. <br />The performance of this agreement, except for the payment of MonCy for services <br />already rendered, may be terminated by either Owner/Client or C.K.C., Inc. by seven (7) <br />day written notice to the respective party specifying causes for termination. All written <br />notices are to be sent via certified U.S. mail. In the event that the Owe -/Client requests <br />termination of this contract prior to completion of the scope of services, C.K.C., Inc. <br />reserves the right to complete such analysis and records as are necessary to protect the <br />professional reputation of CK -C., Inc. and to complete a report on the work performed to <br />date. A termination charge to cover the reasonable cast of all project work necessary to <br />complete the scope of services as of the date of termination will be, charged to the <br />owner/Client <br />In no event sWall the total termination charge exceed 10% of the total written cost <br />estimate pertaining to the contract. <br />The above warranty is in lieu of all other warranties, whether express or implied, <br />including, but not limited to, any warranty otherwise arising out of any proposal, <br />specification or sample. C.K.C., Inc.'s sole liability and owntrlclicnt's sole and exclusive <br />remedy under any warranty shall be as specifted above. C.K.C., Inc., neither assumes nor <br />authori= any person to assume for it any other obligation. <br />XCLUSI N OF DAMAGES <br />Iii no event shall C.K.C., Inc., be liable for any consequential, incidental, exemplary <br />or special damages, whether in contract or in tort, in connectiou with this agreement OF <br />services furnished hereunder. <br />C.K.C., Inc., shall not be liable for any failure of performance bemunder due, to airy <br />cause beyond .its control, including but not limited to acts of God or govearmnent, labor <br />disputes or inability to secure materials, labor or transportation. In the event of such delay, <br />the time for performance shall be extended for a period equal to the duration of such delay. <br />A,-3 <br />