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City of Hugo <br />Hugo Fire Station <br />5323 140`ti Street North, Hugo, MN <br />ROOF <br />SPEC01. INC <br />July 13, 2017 <br />Page 3 <br />RSI Proposal #P17-12595-02 & 03 <br />Roof Spec, Inc. makes no other representations or warranties, express or implied. <br />ARTICLE VII — Limitation of Damages <br />In no event shall Roof Spec, Inc., or its agents or employees, be liable to the Owner/Client, or anybody else, for <br />any special, punitive, incidental, indirect or consequential damages of any kind, whatsoever, including, without <br />limitations, those resulting from the Project, whether or not Roof Spec, Inc. has been advised of the possibility of <br />such damages, and regardless of the theory of liability, arising out of or in connection with the Project. <br />Roof Spec, Inc.'s maximum liability for damages arising from the Project, under any legal theory, shall not <br />exceed the amount paid by the Owner/Client to Roof Spec, Inc. for the work it provided on this Project. The <br />existence of one or more claims or suits or parties will not enlarge this limit. Each party acknowledges that this <br />is the sole remedy that the Owner/Client may obtain from Roof Spec, Inc. Each party also acknowledges that this <br />is an appropriate allocation of risks for the Project. <br />ARTICLE VIII — Miscellaneous <br />1. This Contract shall be governed and constructed in accordance with the laws of the State of Minnesota. <br />2. If one or more paragraphs of this Contract are found to be unenforceable, illegal, or contrary to public policy, <br />or are in some other manner declared to be unenforceable by a court of competent jurisdiction, then the <br />remainder of the Contract shall remain in full force and effect to the extent possible. <br />3. This Contract represents the entire agreement of the parties and supersedes all prior oral or written <br />agreements. <br />4. This Contract may not be amended, unless the amendment is agreed to by both parties in writing. <br />5. Execution of this Contract by Owner/Client, or issuance of a purchase order by Owner/Client will constitute <br />acceptance of each and every term and condition of this Contract. Any additional terms or conditions stated in <br />Owner/Client's purchase order, or other written communication accepting this Contract, or contained in any <br />general or special conditions issued by Owner/Client, or by alteration by Owner/Client of this contract form, <br />shall not be valid under any circumstances unless specifically adopted or proved by written response of Roof <br />Spec, Inc. Failure to respond by Roof Spec, Inc. shall be deemed a denial of any additional terms or <br />conditions stated in Owner/Client's acceptance or counter -proposal of Owner/Client. <br />Accepted and agreed to: <br />By (Signature) <br />Title <br />Company <br />Date <br />By Weston Thone (Signature) <br />Senior Consultant <br />Title <br />Roof Spec, Inc. <br />Company <br />Date <br />