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Client regarding the quality of the work PATRIOT has
<br />performed, or been contracted to observe and monitor.
<br />18. FIELD MONITORING AND CONTROL
<br />PATRIOT shall not, except for its own services and for
<br />services it subcontracts, specify project site procedures,
<br />manage or supervise project work, implement or be
<br />responsible for project site health and safety procedures.
<br />PATRIOT shall not be responsible for the acts or
<br />omissions of other parties on the project site and shall not
<br />have control or charge of and not be responsible, without
<br />limitation, for project means, methods, techniques,
<br />sequences, or procedures. PATRIOT'S project services
<br />shall not relieve any other parties from their responsibility
<br />for performing work in accordance with applicable plans,
<br />specifications, safety requirements, laws, and regulations.
<br />PATRIOT'S proposed and contracted monitoring and
<br />testing services are limited to its proposed and contracted
<br />scope of work and does not imply or warrant that
<br />PATRIOT is responsible for observing all activities and
<br />personnel at the project site. If PATRIOT is not retained to
<br />monitor environmental remediation, mitigation, or
<br />abatement activities, Client waives any claim against
<br />PATRIOT and agrees to indemnify, defend, and hold
<br />PATRIOT harmless for any claim or liability for injury or
<br />business loss resulting from remediation, mitigation, or
<br />abatement activities.
<br />The words "supervision ", "inspection', or "control ", if used
<br />in connection with PATRIOT's work, are only intended to
<br />mean periodic observation or monitoring of the project
<br />work as outlined in PATRIOT'S proposed and contracted
<br />scope of work.
<br />19. RETESTING AND RE- MONITORING
<br />PATRIOT is only obligated to monitor and test in
<br />accordance with applicable and agreed upon standards
<br />and methods. In the event PATRIOT's monitoring and /or
<br />testing discloses deficiencies in the project's work, and
<br />which consequently will require corrections, PATRIOT will
<br />retest or re- monitor the corrected work as required by the
<br />plans and specifications or as directed by the Client;
<br />however, all such retesting or re- monitoring shall be
<br />additional work and shall be paid for by Client at the
<br />agreed upon rates in this contract.
<br />20. SITE WORK
<br />PATRIOT will take reasonable precautions to avoid any
<br />damage to the project site from the activities of its
<br />personnel, subcontractors, or equipment. Any damage
<br />caused by PATRIOT'S negligence will be restored at
<br />PATRIOT'S expense; however, unavoidable damage
<br />caused in the execution of the project work such as tire
<br />rutting, cutting and splicing of fences, removal of potential
<br />asbestos containing materials (ACM), drilling through
<br />pavements, cutting of brush and trees, coring through
<br />pavements, etc., will not be restored unless otherwise
<br />stated in the contract.
<br />21. UTILITIES
<br />In the execution of any subsurface exploration, PATRIOT
<br />will take reasonable precautions to avoid damage to
<br />subterranean structures or utilities of which PATRIOT has
<br />received notification, however, it is the Client's
<br />responsibility to mark or furnish the locations of all
<br />underground, manmade obstructions or utilities. Client
<br />shall indemnify, defend, and hold harmless PATRIOT from
<br />and against any claims, losses, or damages incurred or
<br />asserted against PATRIOT related to Client's failure to
<br />mark, protect, inform, or advise PATRIOT of underground
<br />structures or utilities, unless stated in our contracted
<br />scope of services.
<br />22. SAMPLES
<br />PATRIOT and its subcontractors will retain any soil, rock,
<br />water, or material samples obtained in the performance of
<br />its contracted scope of work for a period not to exceed
<br />thirty (30) days after submitting PATRIOT'S report or
<br />findings. Further storage or transfer of samples and
<br />materials obtained from the contracted scope of
<br />PATRIOT'S work can be made at the Client's expense
<br />upon written request.
<br />23. ROOF CUTS
<br />If roof cuts are authorized by the Client in PATRIOT'S
<br />contracted scope of work, it is the responsibility of Client to
<br />make the appropriate repairs to these roof cuts using
<br />materials consistent with the roofing system and in
<br />accordance with any existing material manufacturer's
<br />warranties. If a roofing contractor or maintenance
<br />personnel selected by Client is not on the roof to make
<br />repairs at the time the samples are obtained, PATRIOT
<br />may make temporary repairs at the time of sampling and
<br />inspection, which may result in additional charges.
<br />PATRIOT personnel are not certified in roofing repair and,
<br />under no circumstances, will be responsible for the
<br />adequacy and water tightness of the temporary repairs,
<br />nor shall PATRIOT be responsible for any water damage
<br />to the roofing system, building, or its contents resulting
<br />from PATRIOT's temporary repairs.
<br />24. AQUIFER CONTAMINATION
<br />Client waives any claim against PATRIOT, and agrees to
<br />hold harmless, defend, and indemnify PATRIOT from any
<br />claim, business loss, or liability for injury as a result of
<br />cross - contamination caused by subsurface drilling and /or
<br />sampling unless due to PATRIOT'S negligence or willful
<br />acts.
<br />25. HAZARDOUS SUBSTANCES
<br />Client agrees to advise PATRIOT, prior to beginning
<br />project work, of any hazardous substances on or near the
<br />project site known to Client. In the event that test samples
<br />obtained during our work contain substances hazardous to
<br />health, safety, or the environment, these samples remain
<br />the property of Client which also shall pay for all costs
<br />connected with decontamination of PATRIOT'S or its
<br />subcontractors' equipment. Furthermore, any equipment
<br />of PATRIOT'S or its subcontractors' contaminated during
<br />PATRIOT's services which cannot be reasonable
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