PSA -Conduct Water Works Semiannual Groundwater Sampling and Reporting - EnviroSolutions

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X. SAFETY EnviroSolutions is only responsible for the safety on site of its own employees and subcontractors. However, this shall not be construed to relieve Client or any of its contractors from their responsibilities for maintaining a safe job site. Neither the professional activities of EnviroSolutions employees and subcontractors shall be construed to imply EnviroSolutions has any responsibility for any activities on site performed by personnel other than EnviroSolution's employees or subcontractors. XI. DELAYS IN WORK EnviroSolutions will pursue the work in an efficient and expeditious manner consistent with good quality practices. EnviroSolutions will not be responsible for delays in the work caused by Client or its agents, consultants, contractors or subcontractors. Stand-by or non- productive time for delays in our work caused by Client will be charged as work time unless provided for as a separate item in the contract or other mutually agreed upon contract. XII. CONSEQUENTIAL DAMAGES Client shall not be liable to EnviroSolutions and EnviroSolutions shall not be liable to Client for any consequential damagesincurred by either due to thefault of the other, regardless of the nature of this fault, or whether it was committed by the Client or EnviroSolutions, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. XIII. FAILURE TO FOLLOW RECOMMENDATIONS EnviroSolutions will not be held liable for problems that may occur if EnviroSolution's recommendations are not followed. Accordingly, Client waives any claim against EnviroSolutions, and agrees to defend, indemnifyand hold EnviroSolutions harmless from any claim or liability for injury or loss that results from failure to implement EnviroSolution's recommendations, or from implementation of EnviroSolution's recommendations in a manner that is not in strict accordance with them. Client also agrees to compensate EnviroSolutions for any time spent and expenses incurred by EnviroSolutions in defense of any such claim, with such compensation to be based upon EnviroSolution's prevailing fee schedule and expense reimbursement policy. XIV. DISPOSAL OF SAMPLES Samples of soil, rock, water, waste or other materials contaminated by hazardous substances, including asbestos, obtained from the project site are the property of the Client. EnviroSolutions shall retain such samples for no longer than thirty (30) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Itis the Clients responsibility to select and arrange for lawful disposal procedures which encompass removing the contaminated samples from EnviroSolution's custody and transporting them to a disposal site. Accordingly, unless Client indicates otherwise within thethirty (30) day period referenced above, Client hereby instructs EnviroSolutions to make arrangements, as Client's agent, for proper transportation and disposal of samples with appropriate licensed parties. Due to the risks to which EnviroSolutions is exposed, Client agrees to waive any claim against EnviroSolutions, and to defend, indemnify and hold EnviroSolutions harmless from any claim or liability for injury or loss arising from EnviroSolutions service as Client's agent in arranging for proper transportation and disposal of contaminated samples. There maybe extra costs involved in this disposal arranged by EnviroSolutions, especially if contaminated samples constitute a large quantity or the samples are contaminated with highly toxic and/or hazardous substances (i.e. PCBs, Dioxins, Cyanide, Pesticides, etc.). Client agrees to pay all transportation and disposal costs or EnviroSolutions will return samples to the project site.