ARCHITECTS ORANGE, LLP D.B.A AO (#2026346)

Page 5 of 7 ARTICLE 4: GENERAL PROVISIONS 4.1 Architect warrants that all of the services provided by or on its behalf pursuant to this Agreement will be performed with reasonable care, skill and diligence in accordance with generally and currently accepted design professional principles and practices . This warranty is in lieu of all other warranties, either express or implied. In particular, and without limitation, Architect will use its best professional judgment in interpreting and applying the requirements of all laws applicable to the Project such as the Americans with Disabilities Act, but compliance with these laws as they may be eventually interpreted by others cannot be guaranteed. Further, it is understood that when used in conjunction with the providing of services pursuant to this Agreement, such terms as "certify," "warrant," "confirm," "assure," or the like do not constitute a guarantee, but rather a representation based on Architect's professional opinion or judgment. 4.2 Architect will coordinate the professional engineering services called for by this Agreement, but Client acknowledges that Architect lacks the training and experience necessary to perform or critique said services and that these services will necessarily be provided on an independent contractor basis by duly licensed professional engineering sub consultants . In no event will Architect have any legal liability for any professional errors or omissions committed by these sub consultants. 4.3 The plans covered by this contract are understood to be those required by the various governing bodies for this type of work as of the date of this agreement. In the event of a material change of policy of these organizations, which requires additional office or field work, the payment for the extra work shall be the subject of an extra charge. Architect will commence such additional work only with prior written approval from Client. 4.4 Architect may suspend its performance under this Agreement, withhold any instruments of service called for by this Agreement, and/or terminate this agreement and its related obligations to Client with no liability for doing so at any time by giving written notice to Client if Client does not make timely payment of undisputed amounts under this agreement and Client does not cure its non- payment of such undisputed amounts within 14 days after actual receipt of notice from Architect specifying the default. This termination releases Architect from any further obligation to provide basic services or additional services to Client under this agreement except for (a) claims related to completed services, and (b) as otherwise expressly authorized or licensed in this agreement. 4.5 Client shall reimburse attorney fees arising from collection efforts on accounts receivable. 4.6 Provided Architect has received payment for its related Services, drawings, specifications and other documents/data prepared by Architect shall be the property of the Client. Given the purpose of this work, Client may share the drawings with the City. 4.7 Architect will provide its services consistent with similar architects providing similar services for similar projects in a similar location. 4.8 The indemnification (but not defense) which Architect will provide will hold harmless Client and Client’s lender(s) and their respective principals and employees, from and against any and all claims and/or liability arising out of negligence or intentional wrongdoing in the performance of the services called for by this Agreement to the full extent of Architect’s fault. 4.9 In light of the limited ability of Architect to affect the risks inherent in the Project, and of the disparity between Architect’s fee and the potential liability for problems or alleged problems with the Project, and in consideration of Architect’s undertaking of the obligations imposed by this Agreement, Client agrees to limit the total aggregate liability concerning or related to the Project of Architect and its affiliated entities and individuals on any and all legal and equitable theories and concernin g any and all kinds and causes of losses to the fullest extent allowed by law as to Client and the Project’s contractor(s) to $50,000 or the amount of Architect’s services fee, whichever is greater. Docusign Envelope ID: 5C509772-AD72-46D8-8489-9AF68D088296Docusign Envelope ID: AEF3E0F6-239B-412C-A00B-0D324718521B