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some of these assumptions may not be verifiable without expending large or additional sums of money, or <br />destroying otherwise adequate or serviceable portions of the structure, the Client agrees to bear all costs, <br />losses and expenses, including the cost of American Structurepoint, Inc.'s additional services, arising or <br />allegedly arising from the discovery of concealed or unknown conditions. The Client agrees to indemnify <br />and hold American Structurepoint, Inc. harmless from and against any and all claims, losses, damages, <br />expenses, fees (including attorney fees), costs, and judgments that result from the performance of the <br />services, provided that any such claims, damage, loss or expense is caused in whole or in part by the <br />negligent act or omission and/or strict liability of the Client, anyone directly or indirectly employed by the <br />Client (except American Structurepoint, Inc.) or anyone for whose acts any of them may be liable. <br />SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any <br />reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any <br />provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become <br />valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so <br />limited, <br />DISPUTE RESOLUTION: All claims, counterclaims, disputes, and other matters in question between the <br />parties hereto, arising out of or relating to this Agreement or the breach thereof, will be presented to non- <br />binding mediation. <br />APPLICABLE LAW: Unless otherwise specified, the laws of the State of Indiana shall govern this <br />Agreement. <br />Page 4 of 4 Ver. 1/2017 <br />