13. INDEMNIFICATION. agents and employees from and and expenses incidental thereto

Client shall defend, indemnify, and hold harmless MPC, its of•cers, against all liabilities, demands, claims, cause ofactions, suits, costs (including reasonable attorney fees), which any or all of them may

hereunder suffer and be responsible for as a result of bodily injuries or death of any person, damage (including loss of use) to any property, contamination of or adverse effects on the environment, arising out of or in any way connected with the performance of services by MPC under this contract; provided however, that Client shall not be obligated to indemn ify MPC for any damages, or injuries, including death, caused solely by the negligence of MPC. Notwithstanding anything to the contraiy,

MPC shall be entitled to any and all Federal, State and Local statutes.

responder immunity provisions, laws 01‘

14. LIMITATION OF LIABILITY.

[n no event shall MPC's liability for damages, whether based on contract, tort (including, but not limited to

negligence, nuisance, trespass, or privacy action) or any other legal theory,

exceed the total amount paid by Client for services performed under this

contract 01' $50,000.00, which ever is greater. In no event shall MPC be liable to Client for incidental, exemplary, special or consequential damages (including loss of pro•ts), even ifMPC has been advised ofthe possibility of such damages. Client acknowledges that the fees charged by MPC for services herein are based, in part, on this limitation of liability.

15. EXTREME HAZARDOUS CONDITIONS. The services may require MPC’s personnel and equipment to be exposed to substances, and/or wastes. As a result of this exposure, MPC’s

contemplated by this Agreement extreme hazardous conditions, equipment may be damaged or

destroyed during the course of its employment in the services being rendered. Client agrees to pay for the repair and/or replacement of equipment that is damaged or destroyed after being exposed to extreme hazardous conditions, substances, and/01' wastes at Cost + 20%.

16. CAUSE OF ACTION.

If Client makes a claim against MPC, for any alleged error,

omission, or other act arising out of performance of its services and to the extent Client fails to prove such claim, then the Client shall pay all costs including attorney’s fees incurred by MPC in defending the claim. Any claim brought against MPC by Client shall be brought within one-year of the work performed under this Agreement.

17.

DISCLAIMER OF WARIMNTY. MPC MAKES NO EXPRESS

OR

WARRANTIES OF MERCHANTABlLITY OR WARRANTY OF PARTICULAR PURPOSE.

FITNESS IMPLIED FOR A

18. NO 'l'l llRD PARTY BENEFICARY: The sewices provided under this contract are solely for

the bene•t of the Client and neither this contract nor any services rendered hereunder shall give rise to, or shall be deemed or construed so as to confer any rights upon any other party as a third party bene•cialy or otherwise, and Client agrees to indemnify MPC against any claims by such third parties.

19. CONFIDENTIALITY. Except as required by law, MPC agrees that it will maintain in con•dence and not disclose to others information acquired in performance of the work under this Agreement without the prior written consent of the Client.