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<br />locations described in our report or shown on sketches are
<br />based upon information furnished by -others and/or estimates
<br />made in the field by our representatives. Such dimensions and
<br />elevations should be considered as approximations unless
<br />otherwise stated.
<br />
<br />c. This agreement may be tenninated if site conditions prevent
<br />soil borings or other subsurface excavations by WBC at or near
<br />the designated locations, because of either obstructions or
<br />safety considerations, and these conditions were not revealed to
<br />us prior to acceptance of this Agreement. If, in order to
<br />complete borings, or other subsurface excavation, to their
<br />designated depths, additional work is necessitated by
<br />encountering impenetrable subsurface objects, this and all
<br />additional work will be charged for at the appropriate rates in
<br />the fee schedule.
<br />
<br />d. Any equipment lost or damaged due to site surface or
<br />subsurface conditions, and not the negligence of WBC or its
<br />subcontractors, will be invoiced at cost plus IS percent.
<br />
<br />SECTION 6: SAMPLES
<br />
<br />a. All materials and samples will be discarded immediately after
<br />testing unless the Client advises WEC in writing to the
<br />contrary. In such case, the samples will be delivered, shipping
<br />charges collected, or stored at owner's expense.
<br />
<br />b. Client shall have the sole responsibility to dispose of any
<br />hazardous substance or regulated contaminant whether the
<br />result of or a by-product of sampling or not, in accordance with
<br />applicable law. Client shall bear all costs and liabilities
<br />associated therewith.
<br />
<br />c. Client agrees to indemnify, defend and hold harmless WBC
<br />from any claims made or asserted against WBC arising out of
<br />or related to collection, storage or disposition of samples or
<br />materials alleging a failure to comply with any Federal, State
<br />or local environmental law, regulation or ordinance.
<br />
<br />REPORTS AND OWNERSHIP OF
<br />
<br />SECTION 7:
<br />DOCUMENTS
<br />
<br />a. With the exception of WBC reports to Client, all documents,
<br />including field data, field notes, laboratory test data,
<br />calculations and estimates are and remain the property of
<br />WBC. Client agrees that all reports and other work furnished
<br />to the Client but not paid for in full will be returned to WBC
<br />upon demand and will not be used for design, construction,
<br />permits, licensing, or any other purpose.
<br />
<br />b. Documents, including but not limited to, technical reports, field
<br />data, field notes, laboratory test data, calculations, and
<br />estimates furnished to the Client or its agency pursuant to this
<br />agreement are not intended or represented to be suitable for use
<br />by third parties or reuse by the Client or to the extensions of
<br />the Project or on any other project. Any use or reuse without
<br />WBC's written consent will be at Client's sole risk and without
<br />liability or legal exposure to WEC or to WBC's
<br />subcontractor(s). Client shall indemnify and hold harmless
<br />WBC and WBC's subcontractor(s) from all claims, damages,
<br />losses and expenses including attorneys' fees arising out of or
<br />resulting therefrom.
<br />
<br />SECTION 8: INDEMNITY PROVISIONS
<br />
<br />a. WBC agrees to indemnify, hold harmless, and defend Client
<br />from and against any loss, damage, injury, claim, and liability
<br />arising and caused by the negligent acts or omissions of WBC,
<br />
<br />WEAVER BOOS CONSULT ANTS, LLC
<br />General Terms and Conditions
<br />Version 2006-Al
<br />Page 2 of 4
<br />
<br />its agents and subcontractors, but subject to the limitations of
<br />liability set forth in Section II of this Agreement. Further,
<br />Client agrees to indemnify, hold harmless, and defend WBC
<br />against any loss, damage, injury, claim or liability not caused
<br />by or arising from the acts or omissions of WBC.
<br />
<br />SECTION 9: STANDARD OF CARE
<br />
<br />a. WBC represents that the services performed under this
<br />Agreement will be perforn1ed with the care and skill ordinarily
<br />exercised by reputable members of the profession practicing
<br />under similar conditions at the same time in the same or similar
<br />locality .
<br />
<br />b. Client recognizes that subsurface conditions may vary from
<br />those encountered at the locations where the borings, surveys,
<br />or explorations are made by WBC and that the data
<br />interpretations and recommendations of WBC's personnel are
<br />based solely on the information available to them. WBC will
<br />be responsible for those data, interpretations, and
<br />recommendations, but shall not be responsible for the
<br />interpretation by others of the information developed.
<br />c. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS
<br />MADE OR INTENDED BY RENDITION OF CONSULTING
<br />SERVICES OR BY FURNISHING ORAL OR WRITTEN
<br />REPORTS OF THE FINDINGS MADE.
<br />
<br />_ SECTION 10: INSURANCE
<br />
<br />a. WBC represents that it and its agents, consultants, and
<br />subcontractors employed by it, is and are protected by
<br />Worker's Compensation insurance and that WBC has coverage
<br />under liability insurance policies which WEC deems
<br />reasonable and adequate. WBC shall furnish certificates of
<br />insurance upon request. If the Client requests specific
<br />inclusions or limits of coverage that are not present in WBC's
<br />insurance, the cost of such inclusions or coverage increases, if
<br />available, shall be at the expense of the Client.
<br />
<br />SECTION 11: LIMITATIONS OF LIABILITY
<br />
<br />a. IT IS AGREED THAT, TO THE FULLEST EXTENT
<br />PERMITTED BY LAW, CLIENT WILL LIMIT WBC's
<br />TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000
<br />OR THE AMOUNT OF WBC's FEE, WHICHEVER IS LESS,
<br />FOR ANY AND ALL INJURIES, CLAIMS, LOSSES
<br />EXPENSES OR CLAIM EXPENSES (INCLUDING
<br />ATTORNEY'S AND EXPERT WITNESS FEES) ARISING
<br />OUT OF THIS AGREEMENT OR THE SERVICES TO BE
<br />PERFORMED PURSUANT TO THIS AGREEMENT FROM
<br />ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE,
<br />BUT ARE NOT LIMITED TO, WBC'S NEGLIGENCE,
<br />ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF
<br />CONTRACT, STATUTORY LIABILITY, BREACH OF
<br />WARRANTY, NEGLIGENT MISREPRESENTATIONS,
<br />ENVIRONMENTAL LIABILITY OR OTHER ACTS
<br />GIVING RISE TO LIABILITY BASED UPON CONTRACT,
<br />TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT
<br />THE REMEDY STATED HEREIN IS THE CLIENT'S
<br />EXCLUSIVE AND SOLE REMEDY FOR ANY
<br />DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR
<br />SERVICES TO BE PERFORMED PURSUANT TO THIS
<br />AGREEMENT.
<br />
<br />b. WEC will increase our limitation of liability up to the limits of
<br />our available insurance coverage or otherwise to $100,000,
<br />
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