4.1. ERMUSR HANDOUT 07 12 2011 - Laserfiche WebLink

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MASTER PROFESSIONAL SERVICES AGREEMENT Between SAIC Energy, Environment & Infrastructure, LLC and Elk River Municipal Utilities Each party (the "First Party") specifically and expressly waives its immunity under applicable worker's compensation and industrial insurance Taws regarding liability against the other party (the "Second Party") for actions brought by any of the First Party's employees against the Second Party, to the extent the liability is caused by the First Party's negligent acts, errors or omissions. If Consultant provides services at a construction site, Client agrees to use language acceptable to Consultant in all third party procurement, construction and/or EPC contracts relating to services furnished under this Agreement, including but not limited to terms which provide: contractor(s) shall indemnify and hold hazmless Client and Consultant from any and all loss, damage, claim, or liability (including, without limitation, reasonable attorneys' fees) incurred by Client or Consultant arising from work performed by contractor(s) or subcontractors; provided, however, that Client and Consultant shall not be indemnified for any loss, damage, claim, or liability resulting solely from the negligent acts, errors, or omissions of Client or Consultant; and each and every contractor (a) to purchase and maintain Commercial General Liability Insurance in limits appropriate for the size of the contract (b) to name the Client and Consultant as additional insureds. Client and Consultant will be added to the contractor's policy using ISO Endorsement CG2032 0798 or equivalent. 8. Reperformance of Services: If Client believes any of the services provided under this Agreement do not comply with the terms of this Agreement, Client shall promptly notify Consultant to permit Consultant an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly reperform the services at no additional cost to Client, including assisting Client in selecting remedial actions. If Client fails to provide Consultant with prompt notice of non-compliance and an opportunity to investigate and reperform its services, Consultant's total obligation to Client will be limited to the costs Consultant would have incurred to reperform the services. 9. Section Intentionally Left Blank. 10. Insurance: Consultant shall maintain insurance with the following required coverages and limits and upon request, will provide a Memorandum of Insurance to Client: Worker's Compensation Employer's Liability Commercial General Liability Commercial Auto Liability Professional Liability Statutory U.S. $1,000,000 U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate U.S. $1,000,000 combined single limit U.S. $1,000,000 per claim and in the aggregate R:IOdandolElk RiverlNIASTER PSA ELK RIVER MUNICIPAL UTILITIES,DOC Page 3