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Further to the law and code compliance, the Client understands that the Engineer will <br />strive to provide designs in accordance with the prevailing Standards of Practice as <br />previously set forth, but that the Engineer does not warrant that any reviewing agency <br />having jurisdiction will not for its own purposes comment, request changes and /or <br />additions to such designs. In the event such design requests are made by a reviewing <br />agency, but which do not exist in the form of a written regulation, ordinance or other <br />similar document as published by the reviewing agency, then such design changes (at <br />substantial variance from the intended design developed by the Engineer), if effected <br />and incorporated into the project documents by the Engineer, shall be considered as <br />Supplementary Task(s) to the Engineer's Scope of Service and compensated for <br />accordingly. <br />10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of <br />this contract fee (for services) from loss or expense, including reasonable attorney's <br />fees for claims for personal injury (including death) or property damage to the extent <br />caused by the sole negligent act, error or omission of Engineer. <br />Client shall indemnify and hold harmless Engineer under this Agreement, from loss or <br />expense, including reasonable attorney's fees, for claims for personal injuries (including <br />death) or property damage arising out of the sole negligent act, error omission of Client. <br />In the event of joint or concurrent negligence of Engineer and Client, each shall bear <br />that portion of the loss or expense that its share of the joint or concurrent negligence <br />bears to the total negligence (including that of third parties), which caused the personal <br />injury or property damage. <br />Neither Client nor Engineer shall be liable to the other party for special, incidental or <br />consequential damages, including, but not limited to loss of profits, revenue, use of <br />capital, claims of customers, cost of purchased or replacement power, or for any other <br />loss of any nature, whether based on contract, tort, negligence, strict liability or <br />otherwise, by reasons of the services rendered under this Agreement. <br />11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, <br />materials or equipment, or over the Contractor(s) method of determining process, or <br />over competitive bidding or market conditions, his/her opinions of probable Project <br />Construction Cost provided for herein are to be made on the basis of his /her experience <br />and qualifications and represent his/her judgment as a design professional familiar with <br />the construction industry, but Engineer cannot and does not guarantee that proposal, <br />bids or the Construction Cost will not vary from opinions of probable construction cost <br />prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater <br />accuracy as to the Construction Cost, the Client shag employ an Independent cost <br />estimator Consultant for the purpose of obtaining a second construction cost opinion <br />independent from Engineer. <br />12. Govemino Law & Dispute Resolutions: This Agreement shall be governed by and <br />construed in accordance with Articles previously set forth by (Item 9 of) this Agreement, <br />together with the laws of the State of Indiana. <br />4 <br />