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13 1 CITY OF SANTA ANA -ENVIRONMENTAL SERVICES <br />to be paid by Client under this agreement are made in full. <br />If a delinquency by Client occurs and EDAW, Inc. chooses <br />not to suspend work, no waiver or estoppel shall be implied <br />or inferred. Client agrees and understands that if EDAW, <br />Inc. decides to so suspend its work, EDAW shall not be <br />liable for any costs or damages, including but not limited to <br />delay and consequential damages, to the Owner, Client, or <br />any other third party, that may arise from or be related to <br />such a work suspension. Client agrees to hold EDAW, Inc. <br />harmless from and completely indemnify EDAW from and <br />against any and all damages, costs, attorney's fees, and/ <br />or other expenses which EDAW, Inc. may incur as a result <br />of any claim by any person or entity arising out of such a <br />suspension of work. Additionally, EDAW, Inc. maintains <br />the right to withhold instruments of professional service <br />pending payment. <br />5.) If any litigation, arbitration, or other legal action arising <br />out of this contract ensues, the prevailing party shall be <br />entitled to, without limitation, reasonable attorney's fees, <br />expenses, expert fees, and costs. <br />6.) When non standard billing is requested, time spent by <br />office administrative personnel in preparation is a cost to <br />the project and charged as technical labor. <br />LIMITATION OF LIABILITY <br />EDAW's liability for damage on account of any act, error, <br />omission or other professional negligence shall be limited <br />to a sum not to exceed $50,000 or our fee, whichever is <br />less. <br />EDAW INC DESIGN PLANNING AND ENVIRONMENTS WORLDWIDE <br />