13 - Agreement with Jason Hart Engineering - Grand Theater

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the cost to CITY to complete the services to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONSULTANT hereunder, CONSULTANT shall be liable for and shall reimburse CITY for such excess but only to the extent caused by CONSULTANT in accordance with Texas Local Government Code section 271.904(a). CONSULTANT'S liability under this provision shall be limited to the total dollar amount of this Contract. CITY's remedies for CONSULTANT's failure to perform its services in accordance with the Standard of Care or other material breach under this Contract (after notice and an opportunity to cure) shall be one or more of the following remedies which may be exercised separately or in combination at CITY's sole exclusive choice: (a) Reserved; (b) Re -performance of those services not in accordance with the Standard of Care at no extra charge to CITY; or, (c) Monetary damages in an amount not to exceed the greater of: (1) The amount of any applicable insurance coverage CONSULTANT is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONSULTANT in conjunction with said coverage regardless of whether CONSULTANT has actually purchased and maintained said coverage; or, (2) The total dollar amount of this Contract. The terms of Sections XII entitled Iwndemnification, and XVII entitled Confidential I_nformatio_n shall survive termination of this Contract. Notwithstanding any term or condition to the contrary, CONSULTANT shall not be liable for the acts, errors, or omissions of CITY, its agents, employees, contractors or consultants of any tier, or any person or entity under their supervision or control. IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND BENEFITS OF THE PROJECT TO BOTH THE CITY AND CONSULTANT, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CITY AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT'S TOTAL LIABILITY TO THE CITY FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, DAMAGES, OR CLAIM EXPENSES ARISING OUT OF THIS CONTRACT OR THE SERVICES FROM ANY CAUSE OR CAUSES, WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE CONSULTANT'S AVAILABLE AMOUNT OF PROFESSIONAL LIABILITY INSURANCE. Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 9 of 24