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T <br />5. Client hereby agrees that the balance in a billing statement is correct and binding unless the <br />Client notifies the Consultant in writing within ten (10) days of the date of billing and informs <br />Consultant of alleged incorrect item; provided however, that the foregoing shall apply only to <br />the description of work performed as set forth in the billing statement and if after such ten (10) <br />day period Client discovers a mathematical error in the billing statement, Client shall not be <br />bound by the erroneous balance which Consultant hereby agrees to correct. <br />6. Consultant makes no warranty as to its findings, except that the work is performed using gen- <br />erally accepted methods. <br />7. Consultant makes no warranty that the project will be approved by any governmental agency, <br />nor endorsed by any citizens group. <br />8. Client agrees to limit the Consultant's liability to the Client and to all Contractors and Subcon- <br />tractors on the project due to Consultant's material, willful, and grossly negligent acts, errors, <br />or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less. <br />9. In the event either party commences legal action to enforce this Agreement of the General <br />Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and <br />costs incurred in the action, in addition to all other relief to which the prevailing party is enti- <br />tled. <br />10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in <br />progress, except where a task was completed early, in which case it will be billed as if the task <br />were complete. <br />11. Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive <br />direction or instructions on the project, and that Consultant is not obligated to perform and/or <br />take direction or instructions from Client's other Consultants or Subconsultants without prior <br />written notification and concurrence by Consultant. <br />2 City of Santa Ana Environmental Consulting Services <br />C Statement of Qualifications <br />