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not limited to: existing plans, surveys, water and soil test data, and permits issued byagencies of
<br />government. Client authorizes Cardno to use all information owppkied, including incorporating the
<br />information by copying or direct reference into reports prepared byCardno.
<br />For services involving or relating to hazard000 waste elements nfthis Agreement, it is further agreed that
<br />Client shall indemnify and hold harmless Cardno from and against damages, liabilities, costs and expenses,
<br />including but not limited to reimbursement of reasonable attorney fees arising out of or resulting from the
<br />performance of work by Candno, or claims against Cardmo arising from the work of others related to
<br />hazardous waste. This release and indemnification provision extends to claims against Cardnowhich arise
<br />out of, are related to, or are based upon the disbursal, dlischarge, escape, release, or saturation of smoke,
<br />vapors, soot, funmea, acido, o|ka|ie, toxic ohemiuo|e. |iquids. Qooeo, or any nibmr material, irritant,
<br />contaminant, or pollutant in or into the atmosphere, or on, omto, upon, in or into the surface orsubsurface
<br />of (a) soil, (b) water orwater courses, (o) objects, or (d) any tangible or intangible matter, whether sudden
<br />or not.
<br />d. Hazardous Waste and Hazardous Substance Transportation and Disposal: Hazardous washes and
<br />hazardous substances. as defined by federal and state |ew, encountered by Ummdmo, shall bedeemed ho
<br />have been generated by and the property of Client. Candno'n d[ocovery, exoavatiom, hand|img, packaging,
<br />and storing of such wastes shall be as Client's agent and Can1nu shall incur no liability whatsoever with
<br />respect to such wastes except where such liability arises out of its willful misconduct or wanton negligence.
<br />Client shall be solely responsible for selection of transporters and disposal or treatment sites. Client's EPA
<br />number shall accompany all shipments ofhazardous wastes and Client shall be solely responsible for all
<br />feee, taxns, and other charges associated with hazardous wastes. In the event Client in unavailable or for
<br />any other reason fails hm e»an:|me its obligations under state and federal hazardous waste (awa. Cundno is
<br />hereby authorized toact uu Client's agent (othe extent necessary to properly manage any hazardous
<br />wastes and hazardous substances encountered during work for Client in accordance with applicable laws
<br />and negm|mUomm or in compliance with the orders of any federal, state or local agency. All such work shall
<br />bebilled toClient mnetime and expense basis,
<br />e. Client hereby agrees to comply with all requirements of federal, mtmto. and local yavxa, megm|atimns, and
<br />ordinances governing notifications of hazardous substance releases immediately upon notification by
<br />Cardnm that a ne|emae, threatened re|eaae, or other reportable event has uoouroad and that notification is
<br />required. In the avant that Client orClient's agent is unavailable to make such required report or otherwise
<br />fails to do so, Client hereby authorizes Cardno to make reports on its behalf.
<br />f. In the event of the discovery of hazardous substances of a nature or in a quantity not revealed by Client to
<br />Cardno pursuant to this agreement and referenced incorporated thereto, or any other condition rendering
<br />further work pursuant to this agreement unsafe, in violation of law, or reasonably believed to exceed the
<br />scope of work agreed to. Cmrdoo reserves the right to suspend work and notify Client. Client agrees to
<br />negotiate in good faith with Cardno on revised terms for completion of original agreement or additional
<br />sen/|nem as recommended by Candmw. Notwithstanding the outcome mfsuch negotiations and during such
<br />negotiations Cardmo shall perform services as it deems necessary to secure the site, place hazardous
<br />substances in a safe oondiUon, and comply with applicable Uavxa and regulations on behalf mfClient and
<br />shall becompensated, byClient amspecified herein.
<br />ARTICLE 22: ATTRIBUTION/PROMOTION
<br />Cardnoshall have the right to include photographic or artistic representations of the design of the Projectamong
<br />Cardnm's promotional. and professional materials. Car no shall be given reasonable access tothe completed
<br />Project to make such representations. However, Cardno's materials shall not include the Owner's confidential or
<br />proprietary information if the Owner has previously advised Cardno in writing of the specific information considered
<br />by the Owner to be confidential or proprietary, The Owner mMeU provide professional credit for Candoo in the
<br />Owner's promotional materials for the Project.
<br />ARTICLE 23: WAIVER
<br />Failure by one party to notify the other party of a breach of any provision of this Agreement shall not constitute a
<br />waiver cfany continuing breach. Failure by one party to enforce any of its rights under this Agreement shall not
<br />constitute a waiver of those rights. The waiver by either party of breach or violation of any provision of this
<br />*o—Cnmnopmfeosinma|aervmanAgremmen
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