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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 4
<br />RSI Proposal #P17-12595-02 & 03
<br />INDEMNIFICATION AND WAIVER
<br />RELATING TO ASBESTOS
<br />In engaging Roof Spec, Inc. to consult on the project which is the subject of the Contract between the parties, the
<br />Owner/Client, acknowledges that Roof Spec, Inc. is not contracting to discover, contain, or clean up asbestos or
<br />asbestos containing materials ("ACM"). The Owner/Client also agrees that, although asbestos or ACM may be
<br />encountered in the roof system or parts of the roof system and areas adjacent thereto, and although activities by
<br />Roof Spec, Inc., its employees, agents, or subcontractors (including but not limited to, sampling, and corrective
<br />work) may disturb asbestos in the roof system or in other parts of the building of which the roof system is a part
<br />and cause such asbestos or ACM to be a hazard, the Owner/Client (i) will not hold Roof Spec, Inc. liable under
<br />any legal theory including those based upon any failure to discover or to attempt to discover the presence of
<br />asbestos or ACM, failure to contain, remove, or clean up asbestos or ACM or any other act of omission arising
<br />from the presence of asbestos or ACM (including disturbing any such presently existing materials); and (ii) will
<br />defend and indemnify, to the greatest extent allowable under the law, Roof Spec, Inc., its director, officers,
<br />employees, agents, successors and assigns against, and hold them harmless from and in respect of, any claim,
<br />demand, loss, liability, cost, or exposure, including, but not limited to, reasonable attorney's fees and property
<br />damage related to the presence of asbestos or ACM in the building, or any disturbance of the same, excepting
<br />only claims by employees, agents, or subcontractors of Roof Spec, Inc.
<br />In the event Roof Spec, Inc., learns of the existence of asbestos or ACM in connection with its work, Roof Spec,
<br />Inc.'s sole obligation is to use diligent efforts to notify Owner/Client of the existence of materials. Roof Spec,
<br />Inc. shall have the right to discontinue its work and remove its employees from the project (or that portion of the
<br />project in which such materials were encountered), without any monetary or time penalty, until those materials (or
<br />any hazards related thereto) are abated, encapsulated or removed, and/or it is determined that no hazard exists.
<br />This indemnification and waiver shall govern over conflicting or inconsistent clauses of the General Contract,
<br />general conditions of the contract, special or supplementary conditions, technical conditions, plans and
<br />specifications.
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