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MCCOMAS ENGINEERING
<br />Structural Engineers A%1k
<br />6.3.1 In recognition of the relative risks, rewards and benefits of the Project to both the Client and MCCOMAS
<br />ENGINEERING, INC., the risks have been allocated such that the Client agrees that, to the fullest extent
<br />permitted by law, MCCOMAS ENGINEERING, INC.'s total liability to the Client for any and all injuries, claims,
<br />loses, expenses, damages or claim expenses arising out of this Agreement, from any cause or causes, shall
<br />not exceed the amount of $50,000, the amount of McCOMAS ENGINEERING, INC.'s fee (whichever Is less).
<br />Such causes include, but are not limited to, McCOMAS ENGINEERING, INC.'s negligence, errors, omissions,
<br />strict liability, breach of contract or breach of warranty.
<br />Section 7 — Miscellaneous Provisions
<br />7.1 Reuse of Documents
<br />7.1.1 Ali documents Including calculations, computer files, drawings and sketches prepared by MCCOMAS
<br />ENGINEERING, INC. pursuant to this Agreement are instruments of professional service Intended for one-
<br />time use In connection with this Project. They are and shall remain the property of McCOMAS ENGINEERING,
<br />INC.. Any reuse without written approval or adaptation by McCOMAS ENGINEERING, INC. is prohibited.
<br />7.2 Termination, Successors and Assigns
<br />7.2.1 This Agreement may be terminated upon 10 days written notice by either party should the other fail to
<br />perform its obligations hereunder. In the event of termination, the Client shall pay MCCOMAS
<br />ENGINEERING, INC. for all services rendered to the date of termination, all accrued reimbursable
<br />expenses, and reasonable termination expenses.
<br />7.2.2 The Client and McCOMAS ENGINEERING, INC. each binds himself or herself, partners, successors,
<br />executors, administrators, assigns and legal representative to the other party of this Agreement and to
<br />the partners, successors, executors, administrators, assigns, and legal representative of such other
<br />party In respect to all covenants, agreements, and obligations of this Agreement.
<br />7.2.3 Neither the Client nor MCCOMAS ENGINEERING, INC. shall assign, sublet or transfer any rights under or
<br />Interest In (Including but without limitations, monies that may be due or monies that are due) this Agreement,
<br />without the written consent of the other, except as stated in the paragraph above, and except to the extent that
<br />the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written
<br />consent to an assignment, no assignment will release or discharge the asslgnerfrom any duty or responsibility
<br />under this Agreement. Nothing contained In this paragraph shall prevent McCOMAS ENGINEERING, INC.
<br />from employing such Independent consultants, associates and subcontractors as he or she may deem
<br />appropriate to assist in the performance of services hereunder.
<br />7.2.4 McCOMAS ENGINEERING, INC. and Client agree that the services performed by MCCOMAS
<br />ENGINEERING, INC. to this Agreement are solely for the benefit of the Client and are not intended by either
<br />McCOMAS ENGINEERING, INC. or the Client to benefit any other person or entity. To the extent that any
<br />other person or entity, including but not limited to the Owner and/or any of Its Clients and other Design
<br />Professionals, is benefited by the services performed by McCOMAS ENGINEERING, INC. pursuant to this
<br />Agreement, such benefit Is purely incidental and such other person or entity shall not be deemed a third party
<br />beneficiary to this contract.
<br />7.3 Disputes Resolution
<br />7.3.1 All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or
<br />relating to this Agreement or the breach thereof will be presented to non - binding mediation, subject to the
<br />parties agreeing to a mediator(s).
<br />REIMBURSABLE
<br />EXPENSES
<br />Description
<br />Rate
<br />Courier
<br />Cost x 1.10
<br />UPS
<br />Cost x 1.10
<br />Reproduction
<br />$0.50 per square foot
<br />Copying
<br />Cost x 1.10
<br />Mileage
<br />Travel — Airfare
<br />$0.80 per mile
<br />Cost x 1.10
<br />Travel — Car Rental
<br />Cost x 1.10
<br />Travel — Hotel
<br />Cost x 1. 10
<br />Travel — Parking
<br />Cost x 1.10
<br />North Olmstead Recreation Center Pool Investigation Proposal 4/3012014
<br />www.mccomaseng.com 317- 580 -0402 1717 East 1161 Street, Suite 200, Carmel, Indiana 46032 5 of 5
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