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4.7 O inions of Cost Financial Considerations and
<br />Schedules
<br />In providing opinions of cost, financial analyses, economic
<br />feasibility projections, and schedules for the Project, the
<br />Consultant has no control over the cost of labor, materials,
<br />equipment, or services furnished by others, or over the
<br />Contractor(s)' methods of determining prices, or over
<br />competitive bidding or market conditions. Consultant's
<br />opinions of probable Total Project Costs and Construction
<br />Costs provided for herein as appropriate are made on the
<br />basis of Consultant's experience and qualifications and
<br />represent Consultant's judgments as an experienced and
<br />qualified professional consultant familiar with the
<br />construction industry. Consultant makes no warranty that
<br />the Client's actual Total Project or Construction Costs,
<br />financial aspects, economic feasibility, or schedules will not
<br />vary from the Consultant's opinions, analyses, projections,
<br />or estimates. If Client wishes greater assurance as to any
<br />element of the Total Project or Construction cost, feasibility,
<br />or schedule, Client will employ an independent cost
<br />estimator, contractor, or other appropriate advisor.
<br />4.8 Discovery of Unantici ated Pollutant and
<br />Hazardous Substance Risks
<br />4.8.1 If Consultant, while performing the services,
<br />discovers pollutants and/or hazardous substances that
<br />pose unanticipated risks, it is hereby agreed that the scope
<br />of services, schedule, and the estimated cost of
<br />Consultant's services will be reconsidered and that this
<br />Agreement shall immediately become subject to
<br />renegotiation or termination.
<br />4.8.2 In the event that the Agreement is terminated
<br />because of the discovery of pollutants and/or hazardous
<br />substances posing unanticipated risks, it is agreed that
<br />Consultant shall be paid for its total charges for labor
<br />performed and reimbursable charges incurred to the date of
<br />termination of this Agreement, including, if necessary, any
<br />additional labor or reimbursable charges incurred in
<br />demobilizing.
<br />4.8.3 Client also agrees that the discovery of
<br />unanticipated pollutants and/or hazardous substances may
<br />make it necessary for Consultant to take immediate
<br />measures to protect health and safety. Consultant agrees
<br />to notify Client as soon as practically possible should
<br />unanticipated pollutants and/or hazardous substances be
<br />suspected or encountered. Client authorizes Consultant to
<br />take measures that in Consultant's sole judgment are
<br />justified to preserve and protect the health and safety of
<br />Consultant's personnel and the public. Client agrees to
<br />compensate Consultant for the additional cost of taking
<br />such additional precautionary measures to protect
<br />employees' and the public's health and safety. This section
<br />is not intended to impose upon Consultant any duties or
<br />obligations other than those imposed by law.
<br />SECTION 5 - Professional Responsibility
<br />5.1 Performance of Services
<br />Consultant shall perform its services consistent with the
<br />professional skill and care ordinarily provided by firms
<br />practicing in the same or similar locality under the same or
<br />similar circumstances (hereinafter the "Standard of Care").
<br />City of Paris, TX Consulting Svcs Agmmt
<br />December 2020
<br />Consultant expressly disclaims all express or implied
<br />warranties and guarantees with respect to the performance
<br />of professional services, and it is agreed that the quality of
<br />such services shall be judged solely as to whether the
<br />services were performed consistent with the Standard of
<br />Care. Consultant owes Client only that level of performance
<br />defined in this Section 5.1, and nothing herein shall be
<br />construed as creating a fiduciary relationship.
<br />If at any time prior to construction Client believes
<br />Consultant's services are deficient due to not meeting the
<br />Standard of Care, Client must immediately inform
<br />Consultant in writing and shall afford Consultant the
<br />opportunity to correct such deficiency. If, upon review by
<br />Consultant it is determined there is a deficiency that fails to
<br />meet the standard of care and it is attributable to
<br />Consultant, the deficiency shall be corrected at no
<br />additional cost to Client.
<br />5.2 Limitation of L!lW#11
<br />Client and Consultant agree to allocate certain of the risks
<br />so that, to the fullest extent permitted by law, Consultant's
<br />total liability to Client is limited to the amount paid under the
<br />contract or $50,000 whichever is greater, this being the
<br />Client's sole and exclusive remedy for any and all injuries,
<br />damages, claims, losses, expenses, or claim expenses
<br />(including attorney's fees) arising out of this Agreement
<br />from any cause or causes. Such causes include, but are
<br />not limited to, Consultant's negligence, errors, omissions,
<br />strict liability, breach of contract, or breach of warranty.
<br />5.3 No Special or Consequential Damages
<br />Client and Consultant agree that to the fullest extent
<br />permitted by law neither party shall be liable to the other for
<br />any special, indirect, or consequential damages
<br />whatsoever, whether caused by either party's negligence,
<br />errors, omissions, strict liability, breach of contract, breach
<br />of warranty, or other cause or causes.
<br />5.4 Indemnification
<br />TO THE FULLEST EXTENT PERMITTED BY LAW,
<br />CLIENT AND CONSULTANT MUTUALLY AGREE TO
<br />INDEMNIFY AND HOLD EACH OTHER HARMLESS
<br />FROM AND AGAINST ANY AND ALL CLAIMS,
<br />DAMAGES, LOSSES AND EXPENSES, DEFENSE
<br />COSTS INCLUDING REASONABLE ATTORNEYS'
<br />FEES, AND COURT OR ARBITRATION COSTS AND
<br />OTHER LIABILITIES ARISING FROM THEIR OWN
<br />NEGLIGENT ACTS, ERRORS OR OMISSIONS IN
<br />PERFORMANCE OF THEIR SERVICES UNDER THIS
<br />AGREEMENT, BUT ONLY TO THE EXTENT CAUSED
<br />THAT EACH PARTY IS RESPONSIBLE FOR SUCH
<br />DAMAGES, LIABILITIES AND COSTS ON A
<br />COMPARATIVE BASIS OF FAULT.
<br />5.5 No Third Pagy Beneficiaries
<br />Client and Consultant expressly agree that this Agreement
<br />does not confer upon any third party any rights as
<br />beneficiary to this Agreement. Consultant accepts no
<br />responsibility for damages, if any, suffered by any third
<br />party as the result of a third party's use of the work product,
<br />including reliance, decisions, or any other action taken
<br />
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