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. <br />. , <br />? ? • ' ?:.X ?? <br />? Consultant shall use its best efforts to perform in a professionai and timely <br />manner. However, by acceptance of this proposal, Client agrees that remedies <br />' for any deficiencies, other than negligence, shall be limited to the man-hours and <br />expenses necessary for Consultant to conect such deficiencies in Consultant's <br />? work. Consultant shall not assume any liability for any consequential damages, <br />except for those damages which are the direct result of negligence. Consultant <br />' assumes no liability for any consequential damages or liabilities which may result <br />? from Client's proper or improper use of the systems and/or equipment(s) <br />proposed herein. Any conflict arising from the performance of the services <br />? offered herein shall be resolved by arbitration. Such arbitration shall be <br />conducted in the State of Ohio, County of Medina. In addirion, Consultant shall <br />, be relieved for failure to perform in event of acts of God, civil strife, strikes, <br />threats of strikes, acts of war, civil disobedience, or other force majeure. <br />? 12.0 ENTIRE PROPOSAL <br />? The services, materials, terms, and conditions contained herein shall constitute <br />the entire offering tendered to Client by Consultant. The terms and conditions <br />? provided herein shall abrogate, cancel, and make void any and all previous <br />agreement(s) and/or understandings, whether written, verbai, expressed, or <br />? implied. <br />? 13.0 PROPRIETARY INFORMATION <br />Proposal MP-950710.2 contains proprietary information. This proposal has been <br />? prepared specifically for Client and is submitted for the exclusive use of Client <br />for the sole intended purpose of considering, examining, and appraising the <br />? services, methods, procedures, terms, and conditions offered herein. The <br />contents of proposal MP-950710.2 may not be used, in whole or in part, for any <br />? other purpose without the specific writteri consent of Consultant. <br />I <br />I <br />CITY OF NORTH OLMSTED • PF20POSAL NUMBER MP-950710.2 <br />PAGE 17 <br />? <br />STEIGER, HURRAV 8 ASSOCIATES MC <br />HINCKLEV. OHIO 44233 <br />