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services, the monthly progress payments shall be made in accordance with <br /> Section V.A. and V.B. If SEH's services are terminated during the phase of <br /> the work, SEH shall be paid for services performed during such phase. <br /> Payment during such phase shall be based on an hourly rate as described <br /> in Section V.A. and V.B. plus reimbursable expenses as described in Section <br /> V.C. and equipment expenses as described in Section V.D. <br /> SECTION VI - GENERAL CONSIDERATIONS <br /> A. INDEMNIFICATION <br /> Notwithstanding the Scope of Services to be provided by SEH pursuant to this <br /> Agreement or Supplemental Letter Agreements, it is understood and agreed that <br /> SEH is not a user, handler, generator, operator, treater, storer, transporter or <br /> disposer of hazardous or toxic substances, pollutants or contaminants as any of <br /> the foregoing items are defined by Federal, State and/or local law, rules or <br /> regulations,now existing or hereafter amended, found or identified in the City. <br /> It is further understood and agreed that services SEH will undertake, for the <br /> CITY'S benefit, are potentially uninsurable obligations involving the presence or <br /> potential presence of hazardous or toxic substances, pollutants or contaminates. <br /> Therefore, the CITY agrees to hold harmless, indemnify and defend SEH and <br /> SEH's officers, subcontractor(s), employees and agents from and against any and <br /> all claims,losses, damages,liability and costs,including but not limited to costs of <br /> defense, arising out of or in any way connected with, the presence, discharge, <br /> release, or escape of hazardous or toxic substances, pollutants or contaminants of <br /> any kind, except for such liability as may arise out of SEH's sole negligence in the <br /> performance of services under this Agreement. <br /> B. LIMITATIONS ON SEH'S LIABILITY <br /> The CITY hereby agrees that to the fullest extent permitted by law SEH's total <br /> liability to the CITY for any and all injuries, claims, losses, expenses, or damages <br /> whatsoever arising out of or in any way related to a project or this Agreement <br /> from any cause or causes including, but not limited to, SEH's negligence, errors, <br /> omissions, strict liability, breach of Contract or breach of warranty shall not <br /> exceed the total sum paid on behalf of or to SEH by SEH's insurers in settlement <br /> Page No. 11 November 17, 1993 <br />