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13ELFOR (01
<br />PROPERTY RESTORATION
<br />(BELFOR USA GROUP, INC.)
<br />8.2 Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless
<br />Contractor, and Contractor's officers, directors, members, agents, and employees, subcontractors, or anyone employed by any
<br />of there for whose acts any of them may be liable from all claims for bodily injury and property damage (including reasonable
<br />attorney fees and Court costs and expenses) to the extent caused by the negligent acts or omissions of Owner, or Owner's
<br />officers, directors, members, agents, employees, and subcontractors. Owner shall be entitled to reimbursement of any defense
<br />costs paid above Owner's percentage of liability for the underlying claim.
<br />8.3 Limitation on Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
<br />OR ANY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
<br />ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF,
<br />OR RELATING TO, AND/OR IN CONNECTION WITH ANY TORT OR BREACH OF CONTRACT,
<br />REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NO'r ITWAS
<br />ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY
<br />(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
<br />8.4 Maximum Liability. IN NO EVENT SHALL CONTRACTOR's AGGREGATE LIABILITY ARISING OUT
<br />OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
<br />CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE
<br />AMOUNTS PAID TO CONTRACTOR PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTH
<br />PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
<br />8.5 Environmental Hazards. Contractor shall have DO liability for, and shall be indemnified and held harmless from and
<br />against, all clairns, damages, liabilities, and costs arising out of or relating to the presence, discovery, or failure to discover,
<br />remove, address, remediate or Cleanup environmental or biological hazards including, but not limited to, mold, fungus,
<br />hazardous waste, substances or materials, or asbestos Unless the Work specifically calls for Contractor to perform hazinat
<br />discovery, mold remediation or abatement services.
<br />SECTION 9. WARRANTY
<br />CONTRACTOR GIVES NO EXPRESS OR IMPLIED WARRANTIES FOR EMERGENCY SERVICES.
<br />OWNER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROPERTY MAY CONTAIN MOLD. OWNER
<br />ACKNOWLEDGES THAT CONTRACTOR GIVES NO EXPRESS OR IMPLIED WARRANTIES FOR
<br />EMERGENCY SERVICES AND/OR THE WORK. AND HEREBY WAIVES ANY WARRANTY, INCLUDING,
<br />BUT NOT LIMITED TO, THE WARRANTY OF HABITABILITY AND THE WARRANTY OF GOOD
<br />WORIC-MANSHIP. For reconstruction set -vices only, Contractor warrants to Owner that all materials and equipment used
<br />in or incorporated into the Work will be of good ClUality and free of liens (to the extent payment has been received), claims,
<br />and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work
<br />will be of good quality, installed in a good and workmanlike manner, and free from defects; and the Work will conforill with
<br />the requirements of this Contract and all applicable codes. The foregoing Warranty shall commence on the date of the project's
<br />substantial completion and continue for a period of one (1) year. The Contractor's warranty excludes remedy for damage or
<br />defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation
<br />or normal wear and tear and normal usage. All warranties are contingent upon full payment to the Contractor. If any goods or
<br />materials provided by Contractor in the performance of the Work are warranted by the manufacturer, then Contractor shall
<br />make every effort to transfer to Owner all such warranties (and deliver all documents evidencing Such warranties).
<br />Further, mold and asbestos abatement work is not warrantable and Owner agrees that no written or implied warranty exists
<br />for such work. Work performance is complete upon clearance testing of the work by an Industrial Hygienist with such test
<br />results subject to current industry standards and local environmental conditions.
<br />VA 3M
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