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CASCADE ENGINEERING Report No.:3182829GRR-001C
<br />Date: July 17, 2009 Reference No.: 09-0603-202466
<br />P.O. No.: ISE15448 Page 11 of 11
<br />distribute Intertek's Reports and then only in their entirety, and the Client shall not use the Reports in a misleading manner. Client
<br />further agrees and understands that reliance upon the Reports is limited to the representations made therein. Any use of the Intertek
<br />name or one of its marks for the sale or advertisement of the tested material, product or service must first be approved in writing by
<br />Intertek. If Intertek becomes directly or indirectly involves( in litigation as a result of misuse of its Reports, the Client agrees to
<br />compensate Intertek for its fees and expenses, including legal costs, in accordance with Intertek's prevailing fee schedule and
<br />expense reimbursement policy.
<br />8.0 LIMITED WARRANTY
<br />Intertek warrants that if any of its completed services fail to conform to professional standard, Tntertek will, at its own
<br />expense, perform corrective services of the type originally performed as may be reasonably required to correct such defects, of
<br />which Intertek is notified in writing within six months of the completion of services. No other representation, express or implied,
<br />and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise.
<br />9.0 LIMITS OF LIABILITY
<br />Intertek's liability is limited as follows:
<br />9.1 The Client agrees to limit huertek's liability arising from Intertek's professional activity, errors, or omissions,
<br />such that the total aggregate liability of Intertek shall not exceed Intertek's total fee for the services rendered on the project in
<br />question, except in the case of a finding of gross negllgonce or willful misconduct on the part of Intertek by a court of competent
<br />jurisdiction.
<br />9.2 Intertek shall be discharged from all liability to the Client for all claims for loss, damage or expense unless a
<br />claim is made within three (3) months of the date at which the damage, defect or alleged non-performance became apparent to the
<br />Client, and the process of law served no later than two ('2) years from the provision of services by Intertek. -
<br />9.3 Intertek shall not be liable to the Client for any consequential damages incurred by Client due to the fault of
<br />Intertek, regardless of the nature of this fault, whether it was committed by Intertek, its employees, agents or subcontractors.
<br />Consequential damages include, but are not limited to, loss of use and loss of profit.
<br />9.4 "the Client agrees to extend any and all limitations, indemnifications, and waivers provided by the Client to Intertek to
<br />those individuals and organizations Intertek retains for proper execution of the work. These shall be deemed to include but are not
<br />necessarily limited to Intertek's officers and employees and their heirs and assigns, as well as Intertek's agents,, subcontractors and their
<br />officers, employees, heirs and assigns.
<br />9.5 Client acknowledges that testing, including sample preparation and transportation, may damage or destroy
<br />Client's product. Client agrees to hold Intertek harmless from any and all responsibility for such alteration.
<br />9.6 The Client agrees Intertek shall not be responsible for any injuries to the Client's representatives while attending
<br />to or observing testing at'Interiek's facility. If testing takes place at the Client's facility, Client agrees that Intertek will not operate
<br />and shall not be responsible for any of CliBut's equipment and that although Intertek agrees to abide by Client's safety procedures,
<br />Intertek shall not be responsible for injury to any of Client's personnel.
<br />10.0 GOVERNING LAW
<br />This proposal, and any work performed pursuant to this proposal, shall be governed by the laws of the jurisdiction within which the
<br />Intertek facility making the proposal is located. Any action brought hereon shall be venued in said jurisdiction.
<br />11.0 SEVERABILITY
<br />Any provision of this proposal that may be held invalid, void or unenforceable for any reason, shall not affect any other term or
<br />condition of this proposal, and such term or condition shall be replaced or interpreted to accomplish the intent ofthe parties.
<br />12.0 MODIFICATIONS
<br />No modification, waiver or amendment of any of these terms and conditions, including any assignment of Client's rights and
<br />respon,ibililies hereunder, shall be binding upon Intertek unless agreed to in a writing signed by an agent of Intertek,
<br />M 11.3 (10i19109) hlaudat,q
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