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City of New Brighton April 16, 2009 Page 5 2. Client agrees to compensate Inspec for reasonable expenses incurred if Inspec is required to respond to legal process related to Inspec's services that arises out of a lawsuit or proceeding to which Inspec is not a party. 3. If Client brings a lawsuit against Inspec that is dismissed or to which a verdict is rendered for Inspec, Client will reimburse Inspec for costs of defense, including but not limited to reasonable attorneys' fees. 4. In recognition of the relative risks and benefits of the project to both the Owner and to Inspec, the risks have been allocated such that the Owner agrees, to the fullest extent permitted by law, to limit Inspec's total liability to the Owner for any and all claims, losses, costs, damages of any nature whatsoever, or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of Inspec to the Owner shall not exceed $20,000 or the total amount actually paid by Owner to Inspec under this proposal, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. M. OTHER PROVISIONS This proposal is valid for sixty (60) days, after which time Inspec reserves the right to modify and resubmit. N. REMARKS This Agreement represents the entire and integrated agreement between Client and Inspec and supersedes all prior negotiation, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Inspec and Client. Nothing herein shall be construed to give any rights or benefits to anyone othor than Client and Inspec. /-•1 This Agreement entered into as of the day and ye4p€msttab�v� wri For Client Signature Printer! Name Skraba Name Printer! Title Printed Title City of New Brighton INSPEC, INC. JS/bap