The future performance and projected service life of these inspected exterior elevated elements are deemed adequate until the next SB-721 inspection cycle (assuming maintenance items are completed). However, should hazardous conditions be discovered between now and the next inspection cycle, the Owner is advised to consult with a licensed engineer.
This evaluation did not include an in-depth review of as-built drawings, code compliance, or preparation of engineering calculations related to the building(s) and systems to determine adequacy. Not all exterior elevated elements were inspected. Rather, a randomly selected representative sampling of exterior elevated elements was included in the evalaution in accordacne with the requirements of SB721. This report does not warrant or guarantee the performance of any building components or systems. The conclusions represent professional judgments and are founded upon the limited visual and related investigations performed and the interpretation of such data based on experience and expertise according to the existing standard of care. No warranty or limitation exists, either expressed or implied.
THE PARTIES AGREE THAT NEITHER SHALL BE LIABLE TO OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY PROPERTY, EVEN IF EITHER PARTY HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF.
THE PARTIES EACH WAIVE ANY AND ALL CLAIMS OF ALTER EGO OR PERSONAL LIABILITY THEORIES OF ANY KIND OR CHARACTER AGAINST THE OTHER PARTY SUCH THAT UNDER NO CIRCUMSTANCES SHALL EITHER PARTIES PRINCIPALS, OWNERS, OR SHAREHOLDERS BE PERSONALLY LIABLE UNDER ANY LEGAL THEORY AGAINST THE OTHER PARTIES PRINCIPALS, OWNERS, OR SHAREHOLDERS.
OUR AGGREGATE AND CUMULATIVE LIABILITY TO CLIENT AND ANY THIRD PARTIES HEREUNDER, WHETHER IN CONTRACT, TORT, OR UNDER ANY LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CLIENT TO US UNDER THIS AGREEMENT FOR ANY INDIVIDUAL ASSIGNMENT. CLIENT ACKNOWLEDGES THAT THE FEES PAID BY THE CLIENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT BOTH PARTIES KNOW AND UNDERSTAND THIS LIMITATION AND FURTHER AGREE THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY IN PLACE.
The purpose of the Inspection is to provide a general and limited physical assessment to assist the Client in its evaluation and analysis of the exterior elevated elements of the Subject Property, and to determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards. The SB 721 Inspection Report was prepared for and is intended for the sole use and reliance by Client. It is not intended for the benefit of any third parties. The use of and reliance upon this report and any of the opinions or information contained therein by any third party is not authorized and any reliance by any such third party is solely at their own risk.