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to be obtained by the Company under the provisions of this Agreement shall be construed as and shall limit the maximum monetary damages payable by the Company under Article 8 of this Agreement. ARTICLE 8 Liability and Indemnity 8.1 Standard of Care In interpreting information and making recommendations, either written or oral, as to the type or amount or material or services to be furnished or manner of performance or in predicting results to be obtained there from, the Company will give Fargo Cass its professional opinion based on its knowledge and experience. Company shall perform its services with the skill ordinarily exercised by a recognized professional engineer and consultant firm performing similar services of a similar nature at the same time and in the same geographic area. Nevertheless, any recommendations or predictions given in the provision of the Emergency Response Services are opinions only, and in view of the emergency nature of the situation, the possibility that obtaining firsthand knowledge of the many variable conditions may be impractical and the necessity of relying on facts and supporting services furnished by others, no warranty is given concerning the effectiveness of the materials used, recommendations given, or the services rendered. Notwithstanding the foregoing, the Company shall indemnify and save harmless Fargo and Cass, their directors, officers, servants, agents and employees from and against any and all costs, suits, claims, liabilities, actions, legal or administrative proceedings, demands, losses, damages, expenses, fines or penalties whatsoever that may be brought against or suffered by Fargo or Cass, their directors, officers, servants, agents or employees or which it may sustain, payor incur, including reasonable legal fees, To the extent arising out of or resulting from: (i) any negligent performance of the Services by the Company; (ii) any willful misconduct by the Company in the performance of the Services; or 8.2 Other Remedies The liability and indemnify provisions contained in this Article are in addition to any other right, remedy or course of action available to Fargo or Cass whether at law in equity or otherwise. 8.3 Survival of Obligations The Company's obligations under this Article shall survive the expiration or earlier termination of this Agreement. v3 -12-