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10.05 Limitation of Liability. <br />A. Except for insured claims arising or resulting from bodily injury, death or damage to real or <br />personal property, the total liability of Contractor party to the other on all claims, whether <br />in contract, warranty, tort, strict liability, or otherwise, arising out of the performance of this <br />Agreement, shall not exceed the Contract Price. EXCEPT FOR THE WILLFUL MISCONDUCT OR <br />RECKLESSNESS OF A PARTY, OR FOR ANY LOSSES COVERED UNDER AN INSURED CLAIM FOR <br />BODILY INJURY, DEATH OR DAMAGE TO REAL OR PERSONAL PROPERTY, IN NO EVENT WILL <br />EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, <br />SPECULATIVE, PUNITIVE, OR REMOTE DAMAGES. <br />ARTICLE 11- CONTRACT DOCUMENTS <br />11.01 Contents <br />A. The Contract Documents consist of all of the following: <br />This Agreement inclusive of the Request for Qualifications subject to scope clarifications in Exhibit A <br />("RFQ"). <br />Bonds: <br />a. Payment Bond within seven (7) days of Notification of Award for an amount equal <br />to one hundred percent (100%) of the contract amount. <br />b. Performance Bond within seven (7) days of Notification of Award for an amount <br />equal to one hundred twenty-five percent (125%) of the contract amount. <br />c. Maintenance bond within ten (10) days of acceptance of the project by the City of <br />South Bend, for an amount equal to ten percent (10%) of the final contract price, <br />guaranteeing for a period of three (3) years after the date of acceptance of the <br />project by the City of South Bend. <br />Preliminary Design drawings (not attached but incorporated by reference) as provided as a part of the <br />RFQ documents. <br />Exhibits to this Agreement (enumerated as follows): <br />d. Exhibit A Scope of Work <br />e. Exhibit B Proposal & Open Book Structure <br />f. Exhibit C Performance Guarantee <br />g. Exhibit D Support Services <br />h. Exhibit E Special Conditions and GSC Compliance <br />Exhibit F Indiana State Revolving Fund (SRF) <br />Exhibit G General Conditions EJCDC C-700 2007 <br />The following which may be delivered or issued on or after the Effective Date of the Contract and are not <br />attached hereto: <br />k. Notice to Proceed. <br />EJCDC° C-525, Agreement between Owner and Contractor for Construction Contract (Cost -Plus -Fee). <br />Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. <br />Page 6 of 9 <br />