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ATC's General 'terms and Conditions
<br />results. At no time does ATC assume title to any samples, all
<br />samples shall remain the property of the Client.
<br />All laboratory and field equipment contaminated during ATC's
<br />Services which cannot readily and adequately cleansed of its
<br />hazardous contaminants shall become the property and
<br />responsibility of the Client. The Client shall purchase all such
<br />equipment as an expense of the Services, and it shall be turned over to
<br />the Client for proper disposal unless otherwise specified in the
<br />Contract Document.
<br />11. ENGINEERING AND CONSTRUCTION SERVICES II'
<br />the Services provided in the Contract Document only require
<br />construction materials testing, engineering and /or construction
<br />subsurface exploration, ATC assumes that there are no hazardous
<br />substances or constituents in the soils or groundwater underlying
<br />the site. ATC's duties and responsibilities are limited to peribrning
<br />tests and monitoring of specific construction activities as outlined in
<br />the Contract Document.
<br />Unless otherwise specified in the Contract Document, any
<br />consulting, testing or monitoring related to environmental
<br />conditions, including, but not limited to hazardous waste, soil or
<br />groundwater contamination, or air pollutants are not part of ATC's
<br />engineering and construction Services. If it becomes apparent
<br />during the field exploration that hazardous substances or
<br />constituents may be present, field operations will be terminated.
<br />12. OPINIONS OF COSTS ATC will provide estimates of costs
<br />for reniedialion or construction as appropriate based on available
<br />data, designs, or recommendations. however, these opinions are
<br />intended primarily to provide information on the range of costs and
<br />are not intended for use in frrn budgeting or negotiation unless
<br />specifically agreed to in writing by ATC.
<br />13. SAFETY ATC shall not, unless otherwise specified in the
<br />Contract Document, be responsible for health and safety procedures,
<br />construction means, methods, techniques, sequences, or procedures,
<br />nor be responsible for the acts or omissions of contractors or other
<br />parties on the site.
<br />14. UTILITIES Unless otherwise specified in the Contract
<br />Document, it is Client's responsibility to mark or furnish the
<br />locations of all underground man -made obstructions. Client shall
<br />indemnify, defend and hold harmless ATC from and against any
<br />claims, losses or damages incurred or asserted against ATC related
<br />to Client's failure to mark, protect or advise ATC of underground
<br />structures or utilities.
<br />16. ROOF CUTS Unless otherwise specified in the Contract
<br />Document, if roof cuts /saniples are required by the Services in the
<br />Contract Document, it is the responsibility of the Client to make the
<br />appropriate repairs to these roof cuts. 11' a roofing contractor or
<br />maintenance personnel selected by Client is not on the roof to make
<br />repairs at the time samples are obtained, ATC may make temporary
<br />repairs, which may result in additional charges. ATC personnel are
<br />not certified in roofing repair therefore ATC under no
<br />circumstances shall be responsible for any water damage to the
<br />roofing system, building, or its contents resulting from ATC's
<br />temporary repairs.
<br />16. HAZARDOUS CONDITIONS OR SUBSTANCES The
<br />client acknowledges that ATC has neither created nor contributed to
<br />2002
<br />the creation or existcnce of any hazardous, radioactive, toxic,
<br />irritant, pollutant, substance or constituent, or otherwise dangerous
<br />conditions at the site. All site generated hazardous and non-
<br />hazardous waste, including but not limited to samples, drilling fluids,
<br />decontamination fluids, development fluids, soil cuttings, and used
<br />disposable protective gear and equipment, are the property of the
<br />Client.
<br />17. RIGHT TO STOP WORK If, during the performance of
<br />Services, any unforeseen hazardous substance, material, element,
<br />constituent, condition, or occurrence is encountered which, in
<br />ATC's reasonable judgment significantly affects or may affect the
<br />Services, the risk involved in providing the Services, or the
<br />recommended scope of Services, ATC may immediately suspend
<br />work.
<br />18. INDEMNIFICATION ATC shall indemnify and hold harmless
<br />Client, its employees, officers, directors, subsidiaries, and agents
<br />against claims, demands, and lawsuits, including reasonable
<br />attorney's tees to the extent arising out of or caused by the
<br />negligence or willful misconduct of ATC or its subcontractors in
<br />connection with all activities conducted in the performance of
<br />Services under this Agreement. The client shall indemnify and hold
<br />harmless ATC its employees, officers, directors, subsidiaries, and
<br />agents from and against claims, demands, and lawsuits, including
<br />reasonable attorney's fees, to the extent arising out of or caused by
<br />the negligence: or willful misconduct of the Client or other
<br />contractors retained by Client in connection with all activities
<br />conducted in the performance o1' Services under this Agreement.
<br />19. LIMIT OF LIABILITY ATC's total liability for the Services
<br />shall not exceed the proceeds from insurance or two times ATC's
<br />fees for Services whichever is less. Client agrees that all
<br />indemnifications granted to ATC shall also be extended to those
<br />subcontractors, individuals, or organizations retained by ATC for
<br />performance of the Services.
<br />20. CONSEQUENTIAL DAMAGES In no event shall either
<br />party be liable to the other party for any consequential, incidental,
<br />punitive, or indirect damages including but not limited to loss of
<br />income, loss of profits, loss or restriction of use of property, or any
<br />other business losses regardless if such damages are caused by
<br />breach of contract, negligent act or omission, other wrongful act, or
<br />whether ATC shall be advised, shall have other reason to know, or
<br />in fact shall know of the possibility of such damages.
<br />21. CLIENT INDEMNITY Client waives to the maximum extent
<br />permitted by law, its rights and agrees to indemnify and hold
<br />harrmless, ATC its employees, officers, directors, subsidiaries, and
<br />agents against any and all claims for injury or loss sustained by any
<br />party, including the United States, from such exposures or from the
<br />presence orally such hazardous substance, constituent, or condition
<br />at the site.
<br />Client lirrther agrees to pay on ATC's behalf' any judgment
<br />resulting against ATC, including any interest from and against tiny
<br />and all claims and liabilities in connection with toxic or hazardous
<br />substances or constituents. This indemnity includes but is not
<br />limited to (lie following:
<br />a) ATC acting as Client's agent, when required or requested as part
<br />of the Contract Document to sign any hazardous waste manifest or
<br />other document related in any way to the identification, handling,
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