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ngineer's alleged failure to meet ADA requirements prescribed. <br />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 <br />agency having jurisdiction will not for its own purposes comment, request changes <br />and/or additions to such designs. In the event such design requests are made by a <br />reviewing agency, but which do not exist in the form of a written regulation, <br />ordinance or other similar document as published by the reviewing agency, then <br />such design changes (at substantial variance from the intended design developed by <br />t e Engineer), if effected and incorporated into the project documents by the <br />ngineer, shall be considered as Supplementary Task(s) to the Engineer's Scope of <br />ervice and compensated for accordingly. <br />10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount <br />f this contract fee (for services) from loss or expense, including reasonable attorney's <br />f es 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 />xpense, including reasonable attorney's fees, for claims for personal injuries <br />( ncluding death) or property damage arising out of the sole negligent act, error <br />mission of Client. <br />In the event of joint or concurrent negligence of Engineer and Client, each shall bear <br />t iat portion of the loss or expense that its share of the joint or concurrent negligence <br />ears to the total negligence (including that of third parties), which caused the <br />personal injury or property damage. <br />either Client nor Engineer shall be liable to the other party for special, incidental or <br />)nsequential damages, including, but not limited to loss of profits, revenue, use of <br />ipital, claims of customers, cost of purchased or replacement power, or for any other <br />iss of any nature, whether based on contract, tort, negligence, strict liability or <br />therwise, 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 <br />xperience and qualifications and represent his /her judgment as a design <br />professional familiar with the construction industry, but Engineer cannot and does <br />of guarantee that proposal, bids or the Construction Cost will not vary from opinions <br />f probable construction cost prepared by him /her. If prior to the Bidding or <br />egotiating Phase, Client wishes greater accuracy as to the Construction Cost, the <br />lient shall employ an independent cost estimator Consultant for the purpose of <br />btaining a second construction cost opinion independent from Engineer. <br />12. Oovernina Law & Dispute Resolutions: This Agreement shall be governed by and <br />clonstrued in accordance with Articles previously set forth by (Item 9 of) this <br />4 <br />