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�77 under public liability and property damage insurance policies which ESE deems to be adequate. Certificates for all such policies of insurance shall be provided to client upon request in writing. Within the limits and conditions of such insurance, ESE agrees to indemnify and save client harmless from and against any loss, damage, or liability arising from any negligent acts by ESE, its agents, staff, and consultants employed by it. ESE shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. ESE shall not be responsible for any loss, damage, or liability arising from any acts by client, its agents, staff, and other consultants employed by it. SECTION 8: TERMINATION 8.1 This agreement may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this agreement or in the event of substantial failure of performance by the other party, or if the client suspends the work for more than three (3) months. In the event of termination, ESE will be paid for services performed prior to the date of termination plus reasonable termination expenses, including the cost of completing analyses, records and report necessary to document job status at the time of termination. SECTION 9: RISK ALLOCATION 9.1 There are a variety of risks which potentially affect ESE by virtue of entering into an agreement to perform professional services on the client's behalf. In order for the client to obtain the benefit of a fee which includes a lesser allowance for dealing with ESE's risks, the client agrees to limit ESE's liability to the client and to all other parties for claims arising out of ESE's performance of the services described in this agreement. The total aggregate liability of ESE will not exceed $50,000 for professional acts, errors or omissions, and the client agrees to indemnify ESE for all liabilities in excess of the monetary limits established above. SECTION 10: DISCOVERY OF HAZARDOUS MATERIALS 10.1 The client recognizes that the discovery of hazardous materials may necessitate immediate protective measures to safeguard the public health and safety and agrees to compensate ESE for measures that in our professional opinion are justified to preserve and protect the health and safety of site personnel and the public. 10.2 ESE agrees to notify client as soon as practically possible should hazardous materials be encountered at the site that pose a threat to human health, safety and the environment. Client agrees that the discovery of hazardous materials at the site must legally be reported to the proper authorities as required by CAC Title 23, Chapter 3, State AB 2185, and Proposition 65. Client agrees to make the required report at the recommendation of ESE or, if unable to do so, authorizes ESE to make this report. Client also agrees to inform the property owner in the event that hazardous materials are encountered at the site. 10.3 Client recognizes that the discovery of hazardous materials at the site may adversely affect the property's value and may cause the property owner to institute legal action against the client and/or ESE. Client waives any claim against, and agrees to defend,