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<br /> <br />Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN <br /> Page 5 <br />the Agreement from any cause or causes shall not exceed $20,000. It is intended that this limitation apply <br />to any and all liability or cause of action, including without limitation active and passive negligence however <br />alleged or arising, unless otherwise prohibited by law. In no event shall the Consultant’s liability exceed the <br />amount of available insurance proceeds. <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 negligence <br />or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of <br />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 from <br />the Client and information provided by local utilities related to structures or utilities and will not be liable for <br />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 the <br />Consultant. <br /> <br />ARTICLE 21 – ACCESS TO SITE <br />Client shall arrange and provide such access to the site as is necessary for Consultant to perform the work. <br /> <br />ARTICLE 22 - SAMPLE DISPOSAL <br />All environmental samples (“Samples”) collected by Consultant are sent to and analyzed by a third-party <br />laboratory, and all such Samples shall be disposed of according to the third-party laboratory’s policies. <br /> <br />ARTICLE 23 – EXPERT WITNESS AND SUBPOENA FEES <br />Consultant shall not be retained as an expert witness except by separate, written agreement. The Client <br />agrees to pay Consultant’s costs to respond to any subpoena related to the work performed under this <br />Agreement, including attorneys’ fees and administrative costs. <br /> <br />Article 24 – FIDUCIARY RELATIONSHIP <br />Client agrees that this neither Agreement nor the services Consultant is providing under this Agreement <br />creates a fiduciary relationship between Consultant and Client. <br /> <br />