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BUT NOT LIMITED TO LOST PROFITS OR INTERRUPTION OF BUSINESS) ARISING OUT <br />OF OR RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF <br />ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br />14 LIMITATION OF LIABILITY <br />14.1 IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO <br />BOTH THE CLIENT AND CONSULTANT, THE PARTIES AGREE, TO THE FULLEST <br />EXTENT PERMITTED BY LAW, TO LIMIT THE AGGREGATE LIABILITY OF <br />CONSULTANT, ITS PARENT, AFFILIATES AND SUBCONTRACTORS, AND THEIR <br />RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TO $50,000 OR THE <br />COMPENSATION FOR THE SERVICES, WHICHEVER IS GREATER. THIS LIMITATION OF <br />LIABILITY SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS AND <br />DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LEGAL FEES AND <br />EXPENSES, ARISING FROM OR RELATED TO THIS AGREEMENT AND WITHOUT <br />REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. <br />14.2 CONSULTANT MAY AGREE, AT CLIENT'S REQUEST, TO INCREASE THIS <br />LIMITATION OF LIABILITY TO A GREATER SUM IN EXCHANGE FOR A NEGOTIATED <br />INCREASE IN CONSULTANT'S FEE. ANY INCREASE IN THIS LIMITATION OF LIABILITY <br />MUST BE IN WRITING AS A FORMAL AMENDMENT TO THIS AGREEMENT AND MUST <br />BE SIGNED AND DATED BY AUTHORIZED REPRESENTATIVES OF EACH PARTY. ANY <br />ADDITIONAL CHARGE FOR HIGHER LIABILITY IS CONSIDERATION FOR THE GREATER <br />RISK ASSUMED BY CONSULTANT AND IS NOT A CHARGE FOR ADDITIONAL <br />INSURANCE. <br />14.3 BY ENTERING INTO THIS AGREEMENT, THE PARTIES ACKNOWLEDGE <br />THAT THIS LIMITATION OF LIABILITY CLAUSE HAS BEEN REVIEWED, <br />UNDERSTOOD, IS A MATERIAL PART OF THIS AGREEMENT, AND EACH PARTY <br />HAS HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE REGARDING THIS <br />PROVISION. <br />15 DISCLAIMER OF WARRANTY <br />15.1 CONSULTANT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR <br />IMPLIED, THAT THE DAM IS INTRINSICALLY SAFE OR IS WITHOUT LATENT DEFECTS <br />OR DEFICIENCIES OTHER THAN THOSE THAT SHOULD REASONABLE HAVE BEEN <br />IDENTIFIED PURSUANT TO THE NORMAL APPLICATION OF FERC INSPECTION <br />CRITERIA. <br />15.2 THE PARTIES AGREE THAT THE SERVICES TO BE PROVIDED ARE INHERENTLY <br />LIMITED BY THE LEVEL OF EFFORT AND INVESTMENT SET FORTH IN THE SCOPE OF <br />SERVICES. CONSULTANT DSICLAIMS RESPONSIBLITY FOR ANY LATENT DEFECTS <br />WHICH COULD NOT BE REASONABLY DISCOVERED DURING THE SITE ASSESSMENT <br />SET FORTH IN APPENDIX B AND PERFORMED UNDER GENERALLY ACCEPTED <br />INDUSTRY STANDARDS OR AS SPECIFICALLY SET FORTH HEREIN. CONSULTANT <br />MAKES NO LEGAL REPRESENTATIONS WHATSOEVER CONCERNING THE OWNERSHIP <br />OF ANY PROPERTY OR THE INTERPRETATION OF ANY LAW. <br />16 SUSPENSION <br />16.1 CLIENT may, at any time and without cause, suspend the Services of CONSULTANT, or <br />any portion thereof for a period of not more than 90 .days by notice in writing to CONSULTANT. <br />-5- <br />