10. Standard of Care
In the performance of the work, Supplier will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of the industry practicing in the same or similar localities.
11. Insurance
Supplier will maintain insurance for this Contract in the following types:
1) worker’s compensation insurance at statutorily required levels
2) comprehensive general liability (CGL) insurance and automotive insurance with combined single limits of one million dollars.
Owner shall provide property insurance for all its property including that upon which the work is being undertaken or that to which changes or modifications are taking place.
Owner agrees that Supplier does not provide or carry insurance for existing property including without limitation any structures, facilities, tanks, piping, components or equipment.
Owner shall provide a waiver of Subrogation by Owner and Owner’s Insurer as against Supplier.
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12. Environmental Liability
Owner has and shall retain all responsibility and liability associated with the environmental conditions at the site.
13. Consequential Damages
Supplier shall not be liable to the Owner or responsible for any incidental, indirect or consequential damages arising out of, or connected in any way to the work or the Contract incurred from any cause of action whatsoever.
14. Limitation of Liability
Notwithstanding any other provision of the Contract or laws of the place or work, the maximum liability of Supplier for any and all liabilities, claims, judgements, demands and causes of action arising under or related to work on this Contract, whether based in contract or tort, shall be limited to the amount of money, if any, which is applicable and payable under Suppliers insurance coverage. All claims by client shall be deemed relinquished unless filed within one (1) year after substantial completion of the work.
15. Disputes
Any disputes arising hereunder shall first be resolved by taking the following steps, where a successive step is taken if the issue is not resolved at the preceding step;