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<br /> 5.3 Neither party will be liable to the other for special, incidental, consequential or punitive losses or damages,
<br /> including but not limited to damages resulting from delay, loss of use, loss of profits or revenue, or cost of
<br /> capital.
<br /> 5.4 Neither party will be liable to the other unless suit is commenced within two years of the date of loss or
<br /> injury, or within two years after the completion of Services, whichever is earlier. City agrees to notify BRW of
<br /> any claimed negligent act, error or omission within thirty days of the date of its discovery and to provide BRW
<br /> with the opportunity to investigate and to recommend ways of mitigating damages as a condition precedent to
<br /> litigation or other remedies provided by law.
<br /> 5.5 -Many risks affect us by virtue of entering into this Agreement to provide professional services. For you to
<br /> obtain the benefit of a fee which includes a reasonable allowance for our risk, City agrees that BRW's aggregate
<br /> liability will not exceed the fee paid for our Services or $50,000, whichever is greater, for BRW's alleged
<br /> negligent acts, errors or omissions, and you agree to indemnify us from all liabilities to others arising from this
<br /> Project in excess of that amount. if you are unwilling to accept this allocation of risk, we will waive this
<br /> provision, provided that, within ten days of this Agreement,'City agrees in writing to an increase in our fees of
<br /> 10% or$500, whichever is greater, to compensate BRW for the increase in risk.
<br /> 5.6 BRW will maintain during the term of this Agreement, insurance coverage with insurers reasonably
<br /> acceptable to City in at least the following amounts:
<br /> Coveraee Limits
<br /> A. Workers' Compensation Statutory
<br /> B. Employer's Liability $100,000
<br /> • C. Commercial General Liability $1,000,000 each occurrence, I
<br /> $1,000,000 aggregate
<br /> $1,000,000 products and completed operations I
<br /> D. Comprehensive Automobile Liability $1,000,000 (combined single limit) each occurrence
<br /> E. Professional Liability $250,000 any one claim
<br /> BRW shall furnish copies of insurance certificates to the City evidencing that it maintains at least the above
<br /> insurance coverage.
<br /> 5.7 Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful
<br /> actions or omissions of the other party, employees, agents or contractors performing under this Agreement, and
<br /> each party shall indemnify, defend, and save harmless the other party from such damages or liability caused by
<br /> the party at fault.
<br /> 5.8 BRW shall indemnify and hold harmless the City and its council members, officers, employees and agents
<br /> from and against any and all losses, damages, claims, liability and costs and expenses incidental thereto
<br /> (including costs of,defense, settlement and reasonable attorney's fees) which any or all ofthem may hereafter
<br /> incur, be responsible for, or pay out as a result of bodily injuries or death to any person, or damage (including
<br /> loss of use) to any property (public or private) to the extent caused by any negligent act, negligent omissions,
<br /> breach of representations or willful misconduct of BRW, its agents, employees or contractors, in the performance
<br /> of the Services.
<br /> 5.9 Subject to the statutory limits on the City's liability, the City shall indemnify and hold harmless BRW, and
<br /> its shareholders, directors, officers, employees and agents from and against any and all losses, damages, claims,
<br /> liability, and costs and expense incidental thereto (including costs of defense, settlement and reasonable
<br /> attorney's fees) which any or all of them may hereafter incur, be responsible for, or pay out as a result of bodily
<br /> injuries (including death) to any person, or damage (including loss of use) to any property (public or private)
<br /> which arise out of or are caused by any negligent acts, negligent omissions or willful misconduct of the City or
<br /> the City's employees or agents.
<br /> STANCONT.WPD Rev. September 30, 1996
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