Amendment No 2 to Professional Services Agreement - Dam Safety Surveillance and Monitoring – Christopher B. Burke Engineering, LLC

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3)To furnish Brennan any required permits and licenses. 4)To furnish Brennan with drawings showing the locations of all services and utility lines. No responsibility will be accepted by Brennan for striking and/or breaking of any services and utility lines unless the foregoing obligation is fulfilled by the Client. 5)To provide a storage site and/or a plant site suitable for the work. 6)The parties to this contract agree to abide by the Construction Safety Act of 1969 and Occupational Safety & Health Act of 1970 and all amendments thereto and to be responsible for the acts of their employees. OTHERPROVISIONS TERMS AND 1)All prior negotiations, proposals, orders, acknowledgements, correspondence and memoranda of any kind passing between the Client and Brennan are superseded by this proposal. The contract resulting from execution of this proposal by the Client and Brennan shall constitute the entire agreement between Brennan and the Client and shall not be modified or amended in any respect except in writing executed by Brennan and the Client. 2)Brennan represents that it will perform the work delineated herein in a professional manner and represents that its special materials and processes will comply with the specifications set forth in this proposal. Notice of any breach of these representations must be asserted within one (1) year following completion of the particular phase of the work involved. and the sole obligation of Brennan under these representations shall be the making without charge to the client, of any necessary repairs, including replacement of any defective material to such extent as may be required, in no event, however, shall the obligation of Brennan under these representations require Brennan to incur expense for repairs or replacements as described above in an aggregate amount greater than the contract price specified in this proposal. By executing this proposal the Client agrees that there are no other representations, warranties or undertakings of any kind whatsoever, either expressed or implied, hereunder on the part of Brennan and agrees that the Client has not relied upon any such representations, warranties or undertakings, except as specifically set forth in this proposal. The liability of Brennan arising out of the contract resulting from the execution of this proposal by the Client and Brennan shall be only as in this subparagraph expressly provided, and Brennan shall have no other liability for any damage, consequential, special, indirect or otherwise. formation used in foundation planning has been furnished to Brennan by the Client, representatives of 3)In the Client, or others. If the foundation conditions are not in accordance with information furnished, the recommended procedures and scope of work of this proposal may not necessarily apply. The responsibility for delays or liabilities incurred by conditions other than represented to Brennan is not accepted as part of the work by Brennan but is hereby expressly assumed by the Client. Additional expenses incurred by Brennan as a result of conditions other than represented shall be borne by the Client. 4)Any disagreement or claim arising out of or relating to this agreement, or any alleged breach thereof shall be settled by arbitration under the Construction Industry Arbitration rules of the American Arbitration Association as in effect on the date of this agreement. Any arbitration shall be held, and any award shall be made and judgment upon any such award may be entered in the county of the State wherein this agreement is finally consummated. Upon mutual agreement, arbitration may be held, award made, and judgment entered elsewhere. Should either party to the agreement formed upon execution of this proposal by Brennan and the Client employ an attorney to demand arbitration (a) to resolve any claims, disputes or other matters, (b) to enforce the agreement, (c) to protect its interest in any other matter arising under or related to the agreement, or (d) to collect damages for the breach of the agreement, the party whose final position prior to hearing is