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<br /> <br /> <br />Exhibit A – General Contract Provisions 11.01.16.MN Page 5 <br />ARTICLE 18 – AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY <br />Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per <br />claim. The Consultant’s total liability to Client shall not exceed the total available insurance policy limits <br />per claim available to Consultant under its professional liability insurance policy. Client hereby agrees <br />that to the fullest extent permitted by law, the Consultant’s total liability to Client for any and all injuries, <br />claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from <br />this Agreement from any cause or causes including, but not limited to, Consultant’s negligence, errors, <br />omissions, strict liability, breach of contract or breach of warranty (Client’s Claims) shall not exceed the <br />total policy limits available to Consultant under its professional liability insurance policy for settlement or <br />satisfaction of Client’s Claims under the terms and conditions of the Consultant’s professional liability <br />insurance policy applicable hereto. <br /> <br />Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to <br />Consultant’s provision of geotechnical engineering services, construction materials testing, special <br />inspections, and/or environmental engineering services, including but not limited to environmental site <br />assessments, that Consultant’s liability for any claims asserted by or through Client shall be limited to <br />$50,000. <br /> <br />Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or <br />consequential damages (including loss of use or loss of profits) sustained by the other, its successors or <br />assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the <br />theory of recovery plead or asserted. <br /> <br />ARTICLE 19 – CONTROLLING LAW <br />This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising <br />out of or relating to this Agreement, or the breach thereof, including but not limited to claims for <br />negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of <br />the State of Minnesota. <br /> <br />ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS <br />Where requested by Client, Consultant will perform customary research to assist Client in locating and <br />identifying subterranean structures or utilities. However, Consultant may reasonably rely on information <br />from the Client and information provided by local utilities related to structures or utilities and will not be liable <br />for damages incurred where Consultant has complied with the standard of care and acted in reliance on that <br />information. The Client agrees to waive all claims and causes of action against the Consultant for claims <br />by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or <br />damages to underground improvements resulting from subsurface penetration locations established by <br />the Consultant. <br /> <br />20