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<br />02-15-2005 04:58PM
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<br />FROM-VEIT ENV
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<br />T-827 P.004/005 F-293
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<br />Owner/Cliem recognizes that the pl'esence of hazardous materials, mold or pollution on or beneath the surface of a
<br />site or within the annosphere contained within any strUctures on the site may create risks and liabilities. Veit has
<br />neither created nor conmbuted to this pollution. Consequently, Owner/Client recognizes this Agrccment will
<br />accordingly limit Veit's
<br />liability,
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<br />Limitatioll of Liability
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<br />Except as otherwise provided or required by law. Veit's total cumulative liability hereunder for any and a11
<br />reasons shall not exceed an amount equal to twenty percent (20.0%) of the contract price. Veit's aggregate
<br />liability arising from this Agreement, regardless of the theory of recovery, including breach of contract or
<br />negligence, shall not exceed the scope and limits of insurance required to be maintained under this AgreeIIlf:nt,
<br />except that this aggregate liabiJi[)' limit shall nOl apply to claUns arisin~ from damages caused by Veit's gross
<br />negligence, willful acts, or intentional misconduct.
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<br />I/ldemllijicalioll
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<br />To the fullest extent permined by law and to the extent claims, damages, losses or expenses are not covered by
<br />Project Management Protective Liability insurance purchased by Veil, Veit shall indcmnify and hold harmless the
<br />Owner/Client and its agents and/or employees from and against claims, damages, losses and expenses, including
<br />but not limited to anomey's fees, arising out of or resulting from performance of the Work described herein,
<br />provided that such claim, damage, loss or expense is attnbutable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction o[ tangible property (other than the Work itself), but only to the extent caused by the
<br />negligent acts or omissions ofVeit, its Subcontractors, anyone directly or indirectly employed by them or anyone
<br />for whose acts thcy may bc liable, regardless of whether or not such a claim, damage, loss or expense is caused in
<br />parr by II party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce: other
<br />rights or obligations of indemnity, which would otherwisc exist as to a party or person described herein.
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<br />Exclusio" of Conseqtle"lial Damages
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<br />Veit shall not be liable to Owner/Client for any consequential, special, incidental, indirect or punitive damages,
<br />including, but not limited to, loss of profits, loss of production or loss of opportUnity,
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<br />Force Mlljeure
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<br />Vcit shall not be responsible [or delays in performance arising out of a caUSe or causes beyond the reasonable
<br />control of tbe Owner/Client. Such causes wI include, but not be limited to, acts of nature, acts of war and/or
<br />terrorism, riot, fire, explosion, accident, flood or sabotage; govemmenrallaws, regulations, requirements, orders or
<br />actions.
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<br />Delays and Exlelzsions o/Time
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<br />If Veit is delayed at any time during completion of the Work by an act or neglect of the Owner/Client, or of an
<br />cmployec of either party, or of a separate contractor employed by dle Owner/Client, or by changes ordered in the
<br />Work, or by labor disputes, flI'e, unusual delay in deliveries, unavoidable casualties or other causes beyood Veit's
<br />cootrol, or by delay authorized by the Owner/Client pending mediation or arbitration, or by other causes which one
<br />of both parties determines may justify delay, then the contract execution schedule shall be extended by a written
<br />Change Order for such reasonable time as the Owner/Client may determine.
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<br />Successon; and Assigllmellts
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<br />Neither the Owner/Client nor Veit shall transfer, assign or hypothecate its interest in this Agreement without the
<br />wrinen consent of the other; which consent shall not be unreasonably withheld. Any attempted Il'allSfer,
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