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<br /> April 25, 2025
<br />Page 6 of 8
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<br />8440 Allison Pointe Blvd, Suite 425
<br />Indianapolis, IN 46250
<br />317-661-1964
<br />www.jqolusa.com
<br />
<br />www.jqolusa.com 317-661-1964 8440 Allison Pointe Blvd, Suite 425 Indianapolis, IN
<br />46250
<br />
<br />4. Consultant’s opinions (if any) of probable construction cost are to be made on the basis of
<br />Consultant’s experience, qualifications, and general familiarity with the construction
<br />industry.
<br />However, because Consultant has no control over the cost of labor, materials, equipment, or
<br />services furnished by others, or over contractors’ methods of determining prices, or over
<br />competitive bidding or market conditions, Consultant cannot and does not guarantee that
<br />proposals, bids, or actual construction cost will not vary from opinions of probable construction
<br />cost prepared by Consultant. If Consultant requires greater assurance as to probable
<br />construction cost, then Consultant agrees to obtain an independent cost estimate.
<br />5. Consultant shall not be responsible for any decision made regarding the construction contract
<br />requirements, or any application, interpretation, clarification, or modification of the
<br />construction contract documents other than those made by Consultant or its subconsultants.
<br />6. All documents prepared or furnished by Consultant are instruments of service, and Consultant
<br />retains an ownership and property interest (including the copyright and the right of reuse) in
<br />such documents, whether or not the Project is completed. Client shall have a limited license to
<br />use the documents on the Project, extensions of the Project, and for related uses of the Client,
<br />subject to receipt by Consultant of full payment due and owing for all Services and Additional
<br />Services relating to preparation of the documents and subject to the following limitations:
<br />a. Client acknowledges that such documents are not intended or represented to be
<br />suitable for use on the Project unless completed by Consultant, or for use or
<br />reuse by Client or others on extensions of the Project, on any other project, or for
<br />any other use or purpose, without written verification or adaptation by
<br />Consultant;
<br />b. any such use or reuse, or any modification of the documents, without written
<br />verification, completion, or adaptation by Consultant, as appropriate for the
<br />specific purpose intended, will be at Client’s sole risk and without liability or legal
<br />exposure to Consultant or to its officers, directors, members, partners, agents,
<br />employees, and consultants;
<br />c. Client shall indemnify and hold harmless Consultant and its officers, directors,
<br />members, partners, agents, employees, and consultants from all claims,
<br />damages, losses, and expenses, including attorneys’ fees, arising out of or
<br />resulting from any use, reuse, or modification of the documents without written
<br />verification, completion, or adaptation by Consultant; and
<br />d. such limited license to Client shall not create any rights in third parties.
<br />7. Client and Consultant may transmit, and shall accept, Project-related correspondence,
<br />documents, text, data, drawings, information, and graphics, in electronic media or digital
<br />format, either directly, or through access to a secure Project website, in accordance with a
<br />mutually agreeable protocol.
<br />8. To the fullest extent permitted by law, Client and Consultant (1) waive against each other, and
<br />the other’s employees, officers, directors, members, agents, insurers, partners, and
<br />consultants, any and all claims for or entitlement to special, incidental, indirect, or
<br />consequential damages arising out of, resulting from, or in any way related to this Agreement
<br />or the Project, and (2) agree that Consultant’s total liability to Client under this Agreement shall
<br />be limited to $100,000 or the total amount of compensation received by Consultant, whichever
<br />is greater.
<br />9. The parties acknowledge that Consultant’s Services do not include any services related to
<br />unknown or undisclosed Constituents of Concern. If Consultant or any other party encounters,
<br />uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Consultant
<br />may, at its option and without liability for consequential or any other damages, suspend
<br />performance of Services on the portion of the Project affected thereby until such portion of
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