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292 Design Group
<br />March 2, 2012
<br />RSI Proposal #12-11065, "The Barn" Ice Arena, Ciry of Elk River
<br />Page 4
<br />INDEMNIFICATION AND WAIVER
<br />RELATING TO ASBESTOS
<br />In engaging Roof Spec, Inc. ("Roof Spec") to consult on the project which is the subject of the Contract between
<br />the parties, the Owner/Client 292 Design Group, acknowledges that Roof Spec, Inc. is not contracting to discover,
<br />contain, or cleanup asbestos or asbestos containing materials ("ACM"). The Owner/Client also agrees that,
<br />although asbestos or ACM may be encountered in the roof system or parts of the roof system and areas adjacent
<br />thereto, and although activities by Roof Spec, its employees, agents, or subcontractors (including but not limited
<br />to, sampling, and corrective work) may disturb asbestos in the roof system or in other parts of the building of
<br />which the roof system is a part and cause such asbestos or ACM to be a hazard, the Owner/Client (i) will not hold
<br />Roof Spec liable under any legal theory including those based upon any failure to discover or to attempt to
<br />discover the presence of asbestos or ACM, failure to contain, remove, or clean up asbestos or ACM or any other
<br />act of omission arising from the presence of asbestos or ACM (including disturbing any such presently existing
<br />materials); and (iij will defend and indemnify, to the greatest extent allowable under the law, Roof Spec, its
<br />director, officers, employees, agents, successors and assigns against, and hold them harmless from and in respect
<br />of, any claim, demand, loss, liability, cost, or exposure, including, but not limited to, reasonable attorney's fees
<br />and property damage related to the presence of asbestos or ACM in the building, or any disturbance of the same,
<br />excepting only claims by employees, agents, or subcontractors of Roof Spec.
<br />In the event Roof Spec, Teams of the existence of asbestos or ACM in connection with its work, Roof Spec's sole
<br />obligation is to use diligent efforts to notify Owner/Client of the existence of materials. Roof Spec shall have the
<br />right to discontinue its work and remove its employees from the project (or that portion of the project in which
<br />such materials were encountered), without any monetary or time penalty, until those materials (or any hazards
<br />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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