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DOLORES BENGSTON AQUATIC CENTER PLEASANTON, CA 7.13 UNENFORCEABLE CLAUSES: Should any of the provisions or terms of this agreement be unenforceable, they may be deleted so that the remainder of the contract survives and remains enforceable. 7.14 STANDARD OF CARE; services shall be performed in a manner which is consistent with professional skill and care and the orderly progress of the Work. CONSULTANT represents that its and its employees, agents and subcontractors will follow the standards of their profession in performing all services under this agreement and shall endeavor to comply with all Codes and Rules. Consultant's services shall be provided consistent with and limited to the standard of care applicable to such services, which is that Consultant shall provide its serves consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. 7.15 INDEPENDENT CONTRACTOR; CONSULTANT is independent contractor and not an employee of CLIENT. 7.16 CONSULTANT INSURANCE: a). Workers Compensation & Employers Liability Insurance $1,000,000.00 b) Commercial General and Auto Liability Insurance $1,000,000.00 c) Professional Liability Insurance $2,000,000.00 d) General Liability Policy $1,000,000.00 (listing District as additional insured) 7.17 CORPORATE PROTECTION: It is intended by the parties to this Agreement that the CONSULTANT'S services in connection with the Project shall not subject the CONSULTANT'S individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the CLIENT agrees that as the CLIENT'S sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the CONSULTANT, a California corporation, and not against any of the CONSULTANT'S individual employees, officers or directors. 7.18 LIMITED SCOPE: Consultant will be entitled to rely on the adequacy and accuracy of information provided by CLIENT or Client's Consultants and representatives. Consultant shall not be responsible for the acts or omissions of the Client, Owner, Contractors, other consultants and their respective agents or employees, or any other persons or entities performing work on the Project who are not under the direct control or authority of Consultant. 7.19 CONSULTANT SERVICES shall be limited to those expressly set forth above, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. 7.19 All of Consultant's services in any way related to the Project or Client shall be subject to the terms of this Agreement. 7.20 Additional — Excluded Services and Assumptions. Additional Services will be subject to review and pre- authorization by both Parties. Where Consultant believes additional services are appropriate, sit shall notify Client. Client shall respond within three (3) business days to such notification. If Client does not respond within such time period, at its option and based on its professional judgement, Consultant may proceed with such services on a time - and - material basis to be paid by Client or decline to proceed with such services based on a lack of authorization. 7.21 WARRANTY not expressed nor implied, Consultant's services and deliverables are not a warranty nor guarantee, and CONSULTANT shall have no such obligation. CLIENT shall provide appropriate contingencies for schedule and costs. 7.22 INTENDED BENEFICIARIES AND USES: Consultant's services are intended for the Client's sole use and benefit and solely for the Client's use on the Project and shall not create any third party rights. Except as agreed to in writing, Consultant's services and work product shall not be used or relied on by any other person or entity, or for any purpose following substantial completion of the Project. Anal o Pic, AQUATICS Page 7 of 8