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apcs <br />Structural Solutions <br />DISPUTE RESOLUTION: Any dispute between Client and PCS that has not been resolved by direct discussions shall be submitted to <br />mediation as a prerequisite to litigation. Unless Client and PCS agree otherwise, mediation shall be commenced and administered in <br />accordance with the Construction Mediation Rules of the American Arbitration Association in effect at the time the mediation is <br />commenced. If litigation is commenced by either party before the mediation procedure required by this provision has been completed, <br />the litigation shall, on the motion of the other party, be dismissed. The exclusive venue for any litigation arising under or related to this <br />Agreement shall be Pierce County, Washington, Superior Court. Litigation of any claim or dispute between Client and PCS arising out of <br />or related to this Agreement must be commenced within three years of the date on which PCS last performs significant services under <br />this Agreement. This Agreement shall be governed by and interpreted under the internal laws of the State of Washington, <br />THIRD PANTIES: Nothing contained in this Agreement shall create rights in favor of, a contractual relationship with or a cause of action <br />in favor of any person or entity not a party hereto. Neither Client nor PCS may assign this Agreement or any rights arising under it to any <br />third party, either during performance or after performance, without the written consent of the other, <br />LIMITATION OF LIABILITY: Client agrees to limit the aggregate amount of any damages andior costs (including attorney fees and <br />expert witness fees) that Client may recover against PCS and its personnel to the amount of ten times the compensation paid by Client <br />for services performed pursuant to this Agreement. The types of claims to which this limitation applies include, without limitation, claims <br />based on negligence, professional malpractice, professional errors or omissions, breach of contract, indemnity, contribution, breach of <br />implied warranty and breach of expressed warranty_ <br />ENTIRE AGREEMENT: This Agreement represents the entire agreement between Client and PCS and supersedes all prior and <br />contemporaneous written and unwritten negotiations, representations, commitments or agreements. <br />OFFERED BY: <br />6404 <br />3/412025 <br />Signature Date <br />Wes Neeley, &E J Associate Principal <br />Printed Name/Title <br />PCS STRUCTURAL SOLUTIONS, fnc. <br />ACCEPTED BYE <br />r, <br />!I /Z5 <br />Signature Date ! <br />printed NamefTitie <br />lt [ f t i <br />Name of Client/Company <br />