Resolutions-2024-081

6. To the fullest extent permitted by law, client and MMS (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the project, and (2) agree that MMS's total liability to client under this agreement shall be limited to the total amount of the compensation received by MMS pursuant to this agreement. 7. The information and services provided by MMS pursuant to this agreement are intended for use only by client. No third party shall have any right arising from this agreement or the documents produced pursuant to this agreement. As additional consideration for the performance the services called for hereunder, client agrees to hold harmless and indemnify MMS and its employees, officer, directors, and agents for all costs, expenses, legal fees, awards, settlements, and judgments in any legal proceeding brought by any third party who claims that he or she relied on representations made in such documents and was damaged thereby. Client's request that MMS release copies of documents produced pursuant to the terms of this agreement shall be at client's risk with respect to the contents of this paragraph. 8. If client claims that MMS has made an error in any of the services provided hereunder, client will inform MMS of the alleged error and allow MMS to inspect the property before client takes any action to correct the alleged error or which would otherwise make it difficult or impossible for MMS to evaluate the existence of the alleged error. If client repairs or otherwise provides a remedy for such alleged error or further disturbs the property, such that it becomes impossible for MMS to confirm the existence or otherwise evaluate the alleged error, client waives any and all actions against MMS for such alleged error. 9. Client shall indemnify and reimburse MMS for any and all costs and expenses associated with any civil action arising under this agreement, including but not limited to attorney's fees, costs, and expenses, unless client unilaterally prevails in a court of competent jurisdiction. Upon complete execution of the agreement, MMS shall have the right to commence the performance of its services immediately and shall continue its performance of said services thereafter until said services are complete. Client shall not have the right to terminate this agreement or to cancel MMS's services unless the entire project of which MMS' services are a component part has been ceased or cancelled. In said event, client shall give MMS written notice of the termination of the project, and MMS shall be entitled to payment for any services performed or expenses incurred prior to receipt of said written notice. COMPENSATION MMS Consultants, Inc. agrees to provide all labor, equipment and materials necessary to perform the services outlined for the following amounts: <table> <tr> <th>Topographic and Boundary Survey</th> <td></td> <td></td> </tr> <tr> <th>and Site Construction Plans</th> <td></td> <td></td> </tr> <tr> <th>TOTAL</th> <td></td> <td>39,800</td> </tr> </table>