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subcontractors and their employees and agents, but only to the extent that the same is actually' covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage,CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained at CLIENTS expense. CLIENT agrees CONSULTANTS aggregate liability to CLIENT and Ell construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or arising from CONSULTANT'S services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to • CONSULTANTS total fees under this Agreement or S59,000.00. whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity employed directly or indirectly by CLIENT in the project for damages of any kind from services rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. G. Litigation: In the event litigation in any way related to the services performed hereunder is initiated between CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing party for all of its reasonable attorney's fees and costs related to said litigation. V. CLIENT'S OBLIGATIONS CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent information concerning the Project. CLIENT shall designate a person to act with authority on CLIENTS behaU with respect to all aspects of the Project. CLIENT shall be responsible for all processing fees or assessments tequired for the completion of••the Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable times upon reasonable notice. VI. GENERAL PROVISIONS A. Persons Bound by Agreement: The persons bound by this Agreement are CONSULTANT and CLIENT and their respective partners, • successors, heirs, executors, administrators, assigns and other legal representatives. This Agreement and any interest associated with•this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party, such consent not to be unreasonably withheld. Nothing contained herein shall be construed to prevent CONSULTANT from employing such Professional Services Agreement Project Name: Utility Undergrounding Consulting Projedt Location:Sunny Isles Beach,FL -®I, E KEITH and SCHNARS, RA. K&S'Proposal No P5098.MK ENGINEERS,PLANNERS,SURVEYORS Revised February 5,2013 Page 10