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GENERAL CONDITIONS BETWEEN GEOTECHNICAL CONSULTANT AND CLIENT SECTION 6: CLIENT CHANGES 6.1 In the event any changes are made in the plans and specifications by the Client or persons other than the Geotechnical Consultant, Client agrees to hold the Consultant harmless from any liability arising out of such changes and the Client assumes full responsibility unless the Client has given Consultant prior notice and has received the Consultant's written consent for such changes. SECTION 7: STANDARD OF CARE 7.1 Services performed by the Geotechnical Consultant under this Agreement will be conducted in a manner consistent with the degree of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in the same locality. No warranty, expressed or implied, is made. 7.2 The Client recognizes that subsurface conditions may vary and that the data, interpretations and recommendations of the Geotechnical Consultant are based solely on the information available to him. The Geotechnical Consultant shall not be responsible for the interpretation by others of the information developed. SECTION 8: LIMITATION OF LIABILITY 8.1 The Client agrees to limit the Geotechnical Consultant's liability to the Client and all construction contractors and subcontractors on the project arising from the Geotechnical Consultant's professional acts, errors or omissions, or breaches of contract, such that the total aggregate liability of the Geotechnical Consultant to all those named shall not exceed $50,000.00, or the Geotechnical Consultant's total fee for the services rendered on this project, whichever is greater. The Client further agrees to require of the contractors and their subcontractors an identical limitation of the Geotechnical Consultant's liability for damages suffered by the contractor or the subcontractor arising from the Geotechnical Consultant's professional acts, errors or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of the Geotechnical Consultant's professional acts, errors or omissions. 8.2 Client agrees that in no instance shall the Geotechnical Consultant be responsible, in total or in part,for the errors or omissions of any other Design Professional, Contractor, Subcontractor or any other party. Client also agrees that the Geotechnical Consultant shall not be responsible for the means, methods, procedures, performance or safety of the construction Contractors or Subcontractors or for their errors or omissions. SECTION 9: INSURANCE 9.1 The Geotechnical Consultant and its agents, staff and consultants employed by it, are protected by workers'compensation insurance and the Geotechnical Consultant has such coverage under public liability and property damage insurance policies which the Geotechnical Consultant deems to be adequate. Certificates for all such policies of insurance shall be provided to the Client upon request in writing. Within the limits and conditions of such insurance, the Geotechnical Consultant agrees to indemnify and save the Client harmless from and against any loss, damage, or liability arising from any negligent acts by the Geotechnical Consultant, its agents, staff, and consultants employed by it. The Geotechnical Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. The Geotechnical Consultant shall not be responsible for any loss, damage, or liability arising from any negligent acts by the Client, its agents, staff,or other consultants employed by it. SECTION 10: TERMINATION 10.1 This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. The Agreement may also be terminated under the conditions set forth in Section 12.2. In the event of termination, the Geotechnical Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. 10.2 In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, the Geotechnical Consultant may complete such analyses and records