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Mr. AI Greek
<br />City of South Bend Utilities
<br />December 3, 2019
<br />Page 5 of 6
<br />Our total aggregate liability to the Company for damages arising from work done under this
<br />agreement will be limited to a sum not to exceed the amount paid, excluding reimbursable
<br />expenses, by the Company to us for Services directly relating to the alleged act, omission, event,
<br />or injury, whether such liability is based on principles of contract law, tort law, or otherwise. Both
<br />the Company and Weaver agree that neither shall be entitled to recover from the other for any
<br />indirect, special, punitive, multiple, exemplary, or consequential loss or damages, except as
<br />provided under the Company's indemnification obligations as described herein.
<br />You agree to only look to the limited liability partnership, Weaver and Tidwell, L.L.P., for satisfaction
<br />of any claim or cause of action arising from our Services. In no event will our partners, directors,
<br />employees, or agents be liable to you for any liability, damages, expenses, or losses of any nature,
<br />caused by or resulting from our services or the use of our work product.
<br />We shall not be liable to Company for consequences of events that are beyond our reasonable
<br />control, including but not limited to, interference by third parties, changed conditions, labor strikes,
<br />fires, thefts, or other losses, or acts of God.
<br />Each of these limitation and indemnification provisions applies, even if they result in Weaver being
<br />released in whole or in part from the consequences of our sole or concurrent negligence or other
<br />fault.
<br />Dispute Resolution Procedure
<br />The parties agree that no claim arising out of or relating to this engagement or agreement shall
<br />be filed more than two years after the earlier of the termination or conclusion of our engagement
<br />or the performance of the Services in question. This limitation applies and begins to run even if
<br />you have not suffered any damage or loss, or have not become aware of the existence or possible
<br />existence of a dispute.
<br />Any dispute between the parties arising from or relating to this engagement or agreement shall, if
<br />negotiations and other discussions fail, be first submitted to mediation before resorting to litigation.
<br />The parties agree to conduct any mediation in good faith and make reasonable efforts to resolve
<br />any dispute by mediation. If the parties are unable to agree upon a mediator, either party may
<br />invoke the mediation service of the American Arbitration Association (AAA) in accordance with
<br />the provisions of the Commercial Mediation Procedures then in effect. The parties agree to
<br />conduct the mediation in Houston, Texas, or another mutually agreed upon location, and each
<br />party shall bear its own expenses, including attorney's fees and costs, except for the fees of the
<br />mediator which shall be borne equally by the parties.
<br />This agreement and all disputes between the parties shall be governed by, resolved, and
<br />construed in accordance with the laws of the State of Texas, without regard to conflict -of -law
<br />principles. Any action arising out of or relating to this engagement or agreement shall only be
<br />brought in, and each party agrees to submit and consent to the exclusive jurisdiction of, the
<br />federal or state courts situated in Tarrant County, Texas.
<br />Each party hereby irrevocably waives any right it may have to trial by jury in any proceeding
<br />arising out of or relating to this engagement or this agreement.
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