PSA - CNG-RIN Generation Third- Party Engineering Review - Pinnacle Engineering

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Terms and Conditions November 21, 2024 Pinnacle Engineering, Inc. Terms and Conditions Agreement Pinnacle Proposal No.: IO20246945 Page 5 of 8 further agree that Pinnacle’s Work is not being prepared for or done for the benefit of any third party. Article X - Insurance Pinnacle will purchase and maintain workers compensation insurance in compliance with the laws of the state in which any part of the Work is to be performed. Pinnacle will also purchase and maintain commercial general liability insurance and commercial automobile liability insurance, with combined single limit coverage of at least $1,000,000 per occurrence. Pinnacle will provide Client with Certificates of Insurance upon written request of Client. Article XI – Dispute Resolution XI.1 The Parties will first attempt to resolve any claims or disputes arising from or relating to this Agreement or the Scope of Work through good-faith direct discussions of settlement. If good-faith direct discussions do not result in resolution of the matter within fifteen (15) days from the date of first discussion, the Parties will submit the matter to mediation. Mediation will be conducted through the current Construction Industry Mediation Rules of the American Arbitration Association (“AAA”), or the Parties may mutually agree to select another set of mediation rules and to select a mediator without the assistance of the AAA. Unless otherwise agreed by the parties, mediation will be convened within thirty (30) days of the date of first discussion and will conclude within forty-five (45) days of the date of first discussion. XI.2 Any remaining claim or dispute not resolved by settlement or mediation will, as Pinnacle in its sole discretion elects, be decided by litigation or by arbitration according to Construction Industry Arbitration Rules of the AAA currently in effect. XI.3 If either party is compelled to litigate or arbitrate a claim or dispute related to this Agreement or the Project, the prevailing party will be entitled to an award for costs and expenses, including reasonable attorney and expert fees. The parties waive any right to have the amount of reasonable attorney and expert fees determined by a jury. The parties can join all parties necessary to resolve the dispute. Pinnacle, in its sole discretion, may consolidate arbitration proceedings with other arbitration proceedings. Article XII – Consequential, Special or Punitive Damages IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM DEATH, BODILY INJURY, OR PROPERTY OR ECONOMIC DAMAGE, INCLUDING LOST PROFITS.