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attention In writing and correctly shown on the diagram(s)
<br />flrmiahed orcormot(y marked at the rite.
<br />b. Unless otherwise stated, the fees in this proposal do not include
<br />costs associated with surveying of the site fbr the accurate
<br />haisoant and vertical locations of lasts. Field tests or boring
<br />locations described in our report or shown on sketches are
<br />based upon Information famished by others and/or estimates
<br />mach In the field by our representatives. Such dimensions and
<br />elevation should be considered as approximations unless
<br />otherwise stated.
<br />c. This agreement may be terminated by WBC if site conditions
<br />prevent sell botiop or other subsurface excavations by WBC
<br />i at or near the designated locations, because of either
<br />abstractions or safety considerations, and these conditions were
<br />not revealed to WBC prior to acceptance ofthis Agreement. If,
<br />in order to complete borings, m other subsurface excavation, to
<br />their designated depths, additional work Is necessitated by
<br />encountering impenetrable subsurface objects, this and all
<br />additional work will be charged for at the appropriate mice in
<br />the fee schedule.
<br />d. Any equipment lost or damaged due to site surface or
<br />subsurface conditions, and not due primarily to the negligence
<br />of WBC or its subcontractors, will be invoiced at cost plus 15
<br />percent.
<br />a. All materials and samples will be discarded immediately after
<br />testing unless the Client advises WBC In writing to the
<br />contrary. In such case, the samples will be delivered, shipping
<br />charges collected or stored at owner's expense.
<br />b. Client shell have the sole responsibility to dispose of any
<br />hazardous substance or regulated contaminant whether the
<br />result of or a by- product of sampling or not, in accordance with
<br />applicable law. Client shall bear all costs and liabilities
<br />associated therewith.
<br />a. Client agrees to indemnify, defend and bold harmless WBC
<br />from any claims made or asserted against WBC arising out of
<br />or related to collection, storage or disposition of samples or
<br />materials alleging a failure to comply with any Federal, State
<br />or local environmental law, regulation or ordinance.
<br />SECTION 7: REPORTS AND OWNERSHIP OF
<br />DOCUMENTS
<br />a. With the exception of WBC reports to Client, all documents,
<br />Including Hold data, field notes, laboratory test data,
<br />calculations and estimates are and remain the property of
<br />WBC. Client agrees that all reports and other work furnished
<br />to the Client but not paid for in fail will be returned to WBC
<br />upon demand and will not be used for design, construction,
<br />pani licensing, or any other purpose.
<br />b. Dominants, including but not limited m, technical reports, field
<br />data, field notes, laboratory test data, calculations, and
<br />estimates famished to [be Client or its agency pursuant to this
<br />agreement are not intended or represented to be suitable for on
<br />by third parties or sense by the Client or to the extensions of
<br />the Pmjea or on any other project Any use or reuse without
<br />WBC's written oanseot will be at Client's sob risk and without
<br />liability or legal exposure to WBC or to WBC's
<br />mbcontraomt(s). Client shall indemnify and hold harmless
<br />WBC and WBC's subcontractor(s) from all claims, damages,
<br />WEAVER BOOS CONSULTANTS, LLC
<br />General Terms and Conditions
<br />Version 2019 -A1
<br />Page 2 of 4
<br />losses and expenses including attorneys' fear arising out of or
<br />resulting therefrom.
<br />SECTION g: INDEMNITY PROYMONS
<br />a. WBC agrees to indemnify, hold hamdem, and defend Clfeut
<br />flour end against any lots, damage, injury, claim, and liability
<br />arising from and to the extwrt caused by the negligent sets or
<br />omissions of WBC, its agents and subconmeaten, but subject to
<br />the limitations of liability mt forth in Seddon I1 of Chia
<br />Agreement. Further, Client agrees to fndemoify, hold
<br />harmless, and defend WBC against any lose, damage, injury,
<br />claim or liability not caused by or arising from the seta or
<br />omissions of WBC.
<br />b. Client hereby waives all claims fa indemnity and contribution
<br />(and related theories) for claims which no otherwise covered
<br />(a would be ordinarily covered) when made directly to WBC
<br />or its subcontractors under Workar's Compensation Insurance
<br />provided by WBC or its subcontrectors.
<br />SECTION 9: STANDARD OF CARE
<br />a. WBC represents that the services performed under this
<br />Agreement will he performed with the are and skill ordinarily
<br />exercised by reputable members of the profession practicing
<br />under similar conditions at the some time in the same or similar
<br />locality.
<br />b. Client recognizes that subsurface conditions may vary from
<br />them encountered at the locations where the borings, surveys,
<br />or explorations are made by WBC and that the data
<br />interpretations and recommendations of WBC's personnel am
<br />based solely on the information provided to WBC WBC will
<br />be responsible for those data, Interpretations, and
<br />recommendations, but shall not be responsible for the
<br />Interpretation by others of the information developed.
<br />c. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS
<br />MADE OR INTENDED BY RENDITION OF CONSULTING
<br />SERVICES OR BY FURNISHING ORAL OR WRITTEN
<br />REPORTS OF THE FINDINGS MADE.
<br />SECTION 10: INSURANCE
<br />e. WBC represents that it and Its agents, consultants, and
<br />subcontractors employed by Its have procured Worker's
<br />Compensation insurance and that WBC has coverage under
<br />liability insurance policies which WBC deems reasonable and
<br />adequate. WBC shell fun lab certificates of insurance upon
<br />request. If the Client requests specific inclusions or limits of
<br />coverage that ram not present in WBC's Insurance, the cost of
<br />such inclusions or coverage increases, if available, shall be at
<br />the expense of the Client.
<br />SECTION 11: LIMITATIONS OF L1ABILlIX
<br />a. IT IS AGREED THAT, TO THE FULLM EXTENT
<br />PERMITTED BY LAW, CLIENT WILL LIMIT WBC's
<br />TOTAL AGGREGATE LIABILITY TO CLIENT TO
<br />$1,000,000, OR THE LIMITS OF AVAILABLE
<br />INSURANCE, WHICHEVER IS LESS, FOR ANY AND AIL
<br />INJURIES, CLAIMS, LOSSHS EXPENSES OR CLAIM
<br />EXPENSES (INCLUDING ATTORNEY'S AND EXPERT
<br />WITNESS FEES) ARISING OUT OF THIS AGRHBMEM'
<br />OR THE SERVICES TO BE PERFORMED PURSUANT 70
<br />THIS AGREEMENT FROM ANY CAUSE OR CAUSES.
<br />SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED T0,
<br />
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