Bayley Construction LP 5/1/2026 Amendment 1

Page 9 Everett Multipurpose Stadium March 6, 2026 Time Limit Any claim or cause of action between the parties arising under or related to this Agreement, or the breach or alleged breach of this Agreement, shall be forever barred if litigation concerning the claim or cause of action is not commenced within three years of Säzän’s last performance of services under this Agreement. Risk Allocation The Client agrees to limit the aggregate amount of any damages and/or costs (including attorney fees and expert witness fees) that Client may recover against Säzän (together with its principals and employees) to the amount of proceeds available under the liability insurance policy that covers the claim at the time the claim is finally resolved. The types of claims to which this limitation applies include, but are not limited to, claims based on negligence, professional errors or omissions, indemnity, contribution, breach of contract, breach of expressed or implied warranty and strict liability. If the Project is residential condominiums, the amount that may be recovered against Säzän (together with its principals and employees) shall be limited to the lesser of (1) the amount of proceeds available under the liability policy that covers the claim at the time the claim is finally resolved, or (2) the amount of compensation paid to Säzän for its services pursuant to this Agreement. Limit of Liability As of the date of this contract, Säzän Group carries limited professional liability insurance inclusive of attorney fees and expenses. Additional professional liability insurance beyond the basic coverage can be provided to the Client if the Client wishes and agrees to compensate Säzän Group for the amount of additional premiums. If such additional coverage is requested, the Client shall notify Säzän Group in writing concurrent with the signing of this agreement. If such additional coverage is not requested by the Client and appropriate increased compensation is not made to Säzän Group, the Client agrees to indemnify and hold harmless Säzän Group and limit their liability to the Client, his / her heirs and/or assigns, and to all construction contractors and subcontractors on the project, for any costs, expenses or liabilities arising from any disputes, claims or third party claims, due to any acts, errors, or omissions, such that the aggregate liability shall not exceed the basic coverage. Entire Agreement This Agreement states all terms of the agreement between the parties respecting its subject matter and supersedes all prior and contemporaneous representations, negotiations, commitments, and agreements respecting it subject matter. This Agreement shall not be modified or amended except by way of an instrument signed by both parties. Additional Services When requested by the Client, Säzän Group will provide Additional Services which are those services not included in the scope described under Basic Services. Compensation for Additional Services shall be at the hourly rates described in the agreement unless agreed otherwise. Ownership of Documents Project records, design concepts, drawings and specifications, including electronic CADD data, are instruments of the Säzän Group’s service and shall remain the property of the Säzän Group, whether the project for which they are made is completed or not. They are not to be used, sold or transferred by the Client on this or other projects or extensions thereof except by written agreement between Client and Säzän Group, and with appropriate compensation to the Säzän Group. The Client may, however, retain copies of these documents for the purpose of records and reference only. Litigation and/or Collection In the event either party to the Agreement is required to refer this matter to an attorney and/or initiate or defend litigation against the other party arising out of or relating to this Agreement, or the services Progressive Design-Build Contract for Everett Outdoor Event Center Exhibit to Amendment No. 1 - Phase 1B Work and Fee Proposal