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<br />person or entity employed directly or indirectly by CLIENT in the project for damages <br />of any kind from services rendered by CONSULTANT relating to the testing for, <br />monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of <br />pollutants, whether or not, caused by the negligence of CONSULTANT. <br /> <br />G), Litigation: <br /> <br />In the event litigation in any way related to the services performed hereunder is <br />initiated between CONSULTANT and CLIENT, the non-prevailing party shall <br />reimburse the prevailing party for all of its reasonable attorney's fees and costs <br />related to said litigation. <br /> <br />V. CLIENT'S OBLIGATIONS: <br /> <br />CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other <br />pertinent information concerning the Project. CLIENT shall designate a person to act with <br />authority on CLIENT'S behalf with respect to all aspects of the Project. CLIENT shall be <br />responsible for all processing fees or assessments required for the completion of the <br />Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable <br />times upon reasonable notice, <br /> <br />VI. GENERAL PROVISIONS: <br /> <br />A). Persons Bound by Agreement: <br /> <br />The persons bound by this Agreement are CONSULTANT and CLIENT and their <br />respective partners, successors, heirs, executors, administrators, assigns and other <br />legal representatives. This Agreement and any interest associated with this <br />Agreement may not be assigned, sublet or transferred by either party without the <br />prior written consent of the other party, such consent not to be unreasonably <br />withheld. Nothing contained herein shall be construed to prevent CONSULTANT <br />from employing such independent consultants, associates and sub-consultants as <br />CONSULTANT may deem appropriate to assist in the performance of the services <br />hereunder. Nothing herein shall be construed to give any rights or benefits arising <br />from this Agreement to anyone other than CONSULTANT and CLIENT. <br /> <br />B). No Waiver or Modifications: <br /> <br />No waiver by CONSULTANT of any default shall operate as a waiver for any other <br />default or be construed to be a waiver of the same default on a future occasion. No <br />delay, course of dealing or omission on the part of CONSULTANT in exercising any <br /> <br />I<:!E~I~ <br /> <br />consulting engineers <br />