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contractor and wh~ include, but are not li~"ed to, full <br />responsibility for the techniques and sequences of construc- <br />tion and the safety precautions incidental thereto, and for <br />performing the construction work in accordance with the <br />Contract Documents. <br /> <br />ARTICLE VII: LIABILITY <br /> <br /> It is agreed that, in the event of any action brought <br /> <br />by either party against the other to enforce any of the <br />obligations hereunder or arising out of any dispute concern- <br />ing the terms and conditions hereby created, the losing <br />party shall pay the prevailing party such reasonable amounts <br />for fees, costs and expenses as may be set by the Court. <br /> <br /> It is also agreed that, in the event of any legal or <br />other controversy requiring the services of the ENGINEER in <br />providing expert testimony in connection with the PROJECT, <br />except suits or claims by third parties against the CLIENT <br />arising out of errors or omissions of the ENGINEER, and <br />suits or claims against ENGINEER by CLIENT arising out of <br />ENGI~IEER'S errors or omissions, the <br /> <br /> City of Pleasanton <br /> <br />-6- <br /> <br /> <br />