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KERAMIDA Terms and Conditions
<br />Page 3 of 4
<br />14. HAZARDOUS SUBSTANCES AND CONSTITUENTS. Client agrees to advise us upon execution of this
<br />Agreement of any hazardous substances or any condition existing in, on, or near the site presenting a potential
<br />danger to human health, the environment, or equipment. Client agrees to keep Consultant informed on this
<br />issue, as new information becomes available to the Client in the future. By virtue of entering into this
<br />Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the
<br />person in charge of the site, or undertake responsibility for reporting to any federal, state or local public
<br />agencies any conditions at the site that may present a potential danger to public health, safety or the
<br />environment. Client agrees to notify the appropriate federal, state or local public agencies as required by law, or
<br />otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to
<br />health, safety, or the environment. In connection with hazardous waste, Client agrees to the maximum extent
<br />permitted by law to defend, hold harmless and indemnify Consultant from and against any and all claims and
<br />liabilities resulting fiom:
<br />(a) Client's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of
<br />hazardous substances or constituents;
<br />(b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation or
<br />disposal of hazardous substances or constituents found or identified at the site;
<br />(c) Changed conditions or hazardous substances or constituents introduced at the site by Client or third
<br />persons before or after the completion of services herein.
<br />(d) Allegations that Consultant is a handler, generator, operator, treater or storer, transporter, or disposer of
<br />hazardous waste under any Federal, State or local statute and/or regulation.
<br />15, UNFORESEEN OCCURRENCES. If, during the performance of services, any unforeseen hazardous
<br />substances or constituents or other unforeseen conditions or occurrences are encountered which, in our sole
<br />judgment significantly affect or may affect our services, the risk involved in providing our services, or the
<br />recommended scope of services, we will promptly notify Client thereof. Subsequent to that notification,
<br />Consultant may:
<br />(a) If practicable, in our sole judgment, complete the original Scope of Services in accordance with the
<br />procedures originally intended in the Proposal;
<br />(b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the
<br />previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties
<br />and incorporated herein; or
<br />(c) Terminate the services effective on the date specified by us in writing.
<br />16. DOCUMENTS. Client will furnish or cause to be furnished such reports, data, studies, plans, specifications,
<br />documents and other information deemed necessary by us for proper performance of our services. We may rely
<br />upon Client -provided documents in performing the services required under this Agreement; however, we
<br />assume no responsibility or liability for their accuracy. Client -provided documents will rernain property of
<br />Client. All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes,
<br />laboratory test data, calculations and estimates, prepared by us as instruments of service pursuant to this
<br />Agreement, shall be our sole property. Client agrees that all documents of any nature fivnished to Client or
<br />Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any
<br />purpose whatsoever. Client further agrees that under no circumstances shall any documents produced by us
<br />pursuant to this Agreement be used at any location or for any project not expressly provided for in this
<br />Agreement without our prior written permission. If Client uses all or any portion of our work on another project
<br />without our permission, Client shall, to the maximum extent permitted by law, save us harmless from any and
<br />all claims arising from such unauthorized reuse. Further, no part of any document we deliver to Client shall be
<br />reproduced or distributed, whether for advertising, use by another company (other than a company affiliated
<br />with Client or hired by Client) or for any other purpose, without our prior written consent. Any such
<br />reproduction or distribution shall be at Client's sole risk and without liability or legal exposure to Consultant.
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