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20. MISCELLANEOUS PROVISIONS <br />To address circumstances which can be outside of the control of the contracting parties, the addition of the following clauses are requested: <br />d. Waiver of Consequential Damages. Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), <br />strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of <br />revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost <br />of any financing, howsoever caused, even if same were reasonably foreseeable. <br />e. Force Majeure. Neither party shall have any claim or right against the other for any failure of performance where such failure of performance is caused by or <br />is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a "force majeure," including, but not <br />limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body; labor dispute or shortage; national emergency; insurrection; <br />riot; or war. <br />f. Limitation of Liability. To the fullest extent permitted by law, City agrees to limit Consultant's liability to City and to all other contractors or subcontractors on <br />the project for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from <br />any cause or causes including but not limited to Consultant's negligent acts, errors, omissions, strict liability, breach of contract, or breach of warranty, such <br />that the total aggregate of liability of Consultant to all those named shall not exceed the total fee paid by City for Consultant's services rendered on the project. <br />g. Construction Cost Estimates. The Consultant does not have control over the cost of labor, materials, or equipment, over a construction contractors' <br />methods of determining prices, or over competitive bidding, market, or negotiating conditions. Accordingly, the Consultant does not warrant or represent that <br />competitively bid or negotiated prices will not vary from the construction budget or from any estimate of cost or evaluation prepared as part of the scope, or <br />agreed to, by the Consultant. <br />"6UML6a..Y.I"a' Proposal I Appendix Water Resources RFP No. 19-118 <br />INTERNATIONAL <br />