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ARTICLE 5: FORCE MAJEURE
<br />Neither Party shall be held responsible for any delay or failure in performance of any part of this agreement to the
<br />extent such delay or failure is caused by fire, flood, explosion, war' embeqgm, government naquiremoent, civil or
<br />military au:thority, act of God, or other similar causes beyond its control and without the fault or negligence of the
<br />delayed ornon-performing Party,
<br />ARTICLE 6: CARDNCYS RESPONSIBILITIES
<br />m. Cardno mhmU perform the Services with the reasonable skill and care required bycustomarily accepted
<br />professional practices and procedures normally provided in the performance of such Services at the time in
<br />which the Services were performed. This standard ofcare isthe sole and exclusive standard ofcare that will
<br />be applied to measure Cardno's performance Cardno makes no other representations or warranties. express
<br />or implied,
<br />b. Cardno shall be mo|ek/ responsible for a) completion of the Project in accordance with the specifications
<br />outlined in the Task Drder, b) supervision ofCerdno'm employees and subcontractor's on the Project; o)
<br />keeping accurate namondm of information obtained during the course of the Project; d) obtaining and
<br />maintaining proper licenses and permits for Cardno's Services; and e) compliance in all material aspects with
<br />applicable |owo and regulations including those pertaining to Cardno"u employees' wages, houna, fair
<br />employment practices, worker's compensation insurance, and similar employer responsibilities.
<br />o� Cardno specifically disclaims any authority or responsibility and Cmpdmm does not have amthordy,
<br />rompomoibU|h/ or liability for, the means, methodo, teuhniqwes, sequences or procedures of construction
<br />selected by Contractor(s); for safety precautions and programs in connection with or incident to the work of
<br />Contractor(o); or for any fo||um* of Contractor(s) to perform their work or to comply with |oem, ru|ea,
<br />regulations, ordinances, codes or orders applicable to Contractor(s) performing their work.
<br />d. Differing Site Conditions: If Differing Site Conditions adversely affect Cendno'm performance of services as
<br />contemplated bythis Agreement, then 1) Cardno mhm|| be permitted to terminate its Services after notifying
<br />the Client of such Differing Site Conditions, and 2) ifClient wishes Cardno to continue performance of its
<br />Services, Client and Cardno shall agree, in writing, to new or modified scope of services and fees provisions
<br />under the Agreement to reflect the cost and schedule impact of such oond|tionn. For puqpunmo of this
<br />Agreement, "Differing Site Cmmd|donm^ means phym|ca|, structune|, oubaurface, soil or other conditions
<br />uncovered, revealed or discovered which differ from 1) those preeemtnd by Client to Cardmo, in any RFP or
<br />otherwise, 2) those ordinarily encountered and generally recognized as inherent in work of a similar character,
<br />or 3) those apparent based upon a reasonable visual inspection of the Project site,
<br />e. Cardno shall perform its San/ices as expeditiously as is consistent with the preceding standards of
<br />professional skWU and oara, but shall not be responsible for delays that may occur that are beyond Candmo'o
<br />reasonable control
<br />ARTICLE 7. CLIENT'S RESPONSIBILITIES
<br />Client shall besolely responsible for: a) maintaining overall supervision of the Project beyond the immediate scope
<br />ofCardno's Services; b) making available to Cardno all of Client's information regarding existing and proposed
<br />conditions ofthe site, The information shall ino|ude, but not belimited to: plot plans, hydrologic and geologic data
<br />including boringo, weUa, field or laboratory hmmtm, and written reports. Client will immediately transmit to Cardno
<br />any new information which becomes available orany change in plans; o) locating for Cardno and assuming
<br />responsibility for the accuracy of any representations as to the locations of all underground utilities, pipelines,
<br />tanks and other installations. Cardno will not be responsible for damage to items not so located; d) providing free
<br />and unencumbered access to the site for all necessary equipment and personnel during normal working hours; e)
<br />as necessary, locating for Cardno the property boundaries and being responsible for accuracy of boundaries and
<br />markers; f)retaining ownership of, and responsibility for all contaminated material Cardno located on site or found
<br />as a peem|t of the Project and 0) obtaining all required and necessary approvals and permits required for the
<br />performance ufany services by Cardno. Cardno uho|| be entitled to reasonably rely upon the accuracy and
<br />completeness of information, reports, tests, data and recommendations provided by or on behalf of Client,
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