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decontaminated shall become the property and
<br />responsibility of Client. Such samples and /or equipment
<br />will be delivered to Client. Client agrees to pay
<br />transportation costs for samples and equipment, and the
<br />fair market value of such contaminated equipment. Client
<br />waives any claim against PATRIOT and its subcontractors
<br />and agrees to defend, indemnify, and hold harmless
<br />PATRIOT from any claims, business loss, or liability for
<br />injury arising from PATRIOT'S failure to detect the
<br />presence of hazardous materials, including ACM, through
<br />techniques and methods agreed upon in the proposed and
<br />contracted scope of work, unless the failure to detect
<br />hazardous materials, including ACM, was due to
<br />PATRIOT'S failure to properly execute the proposed and
<br />contracted scope of work set forth in this contract,
<br />26. ENVIRONMENTAL PROBLEMS
<br />PATRIOT and its subcontractors' duties and
<br />responsibilities are limited to the proposed and contracted
<br />scope of work. Any sampling, testing, or monitoring of site
<br />conditions or materials related to environmental concerns
<br />including hazardous waste, soil, ground water, surface
<br />water, ACM, or air pollutants are not part of PATRIOT'S
<br />responsibilities and duties unless specifically identified in
<br />its proposed and contracted scope of work. If it becomes
<br />apparent during project site work that undisclosed
<br />hazardous materials may be present, project site work will
<br />be terminated unless specified in PATRIOT'S proposed
<br />and contracted scope of project work. Project site work
<br />will resume only after renegotiation of the contracted
<br />scope of services and fees to cover appropriate
<br />environment, health, and safety precautions. PATRIOT
<br />shall have no responsibility for detecting or dealing with
<br />environmental concerns, hazardous waste, soil, ground
<br />water, surface water, ACM, or air contamination, should
<br />they occur at the project site unless specifically outline in
<br />PATRIOT'S proposed and contracted scope of work.
<br />Client waives any claim against PATRIOT and agrees to
<br />defend, indemnify, and hold harmless PATRIOT from any
<br />claim, business loss, or liability for injury that results from
<br />the discovery of onsite environmental concerns,
<br />hazardous materials, soils, ground water, surface water,
<br />ACM, or air contamination.
<br />27. ENVIRONMENTAL INDEMNITY
<br />Client agrees to the maximum extent permitted by law to
<br />defend, indemnify, and hold harmless PATRIOT and its
<br />subcontractors from and against any and all claims and
<br />liabilities in connection with toxic or hazardous substances
<br />or constituents unless caused by PATRIOT'S negligence
<br />or willful acts, resulting from Client's violation of any
<br />federal, state or local statute, regulation or ordinance
<br />relating to the handling, storage or disposal of toxic or
<br />hazardous substances or constituents, Client's
<br />undertaking of or arranging for the handing, removal,
<br />treatment, storage, transportation or disposal of toxic or
<br />hazardous substances or constituents found or identified
<br />at the site; toxic or hazardous substances or constituents
<br />introduced at the site by Client or third persons before or
<br />after completion of services herein; allegations that
<br />PATRIOT or its subcontractors are the handlers
<br />generators, operators, treaters or storers, transporters, or
<br />disposers under the Resource Conservation and Recovery
<br />Act of 1976, Comprehensive Environmental Response,
<br />Compensations and Liability Act, or any other similar
<br />federal , state or local regulation or law.
<br />PATRIOT or its subcontractors have no role in generating,
<br />treating, storing, or disposing of any hazardous materials
<br />which may be present at the project site, and which at no
<br />time become the property of PATRIOT or its
<br />subcontractors, unless specifically identified in the
<br />proposed and contracted scope of work. Client shall
<br />evaluate and select proper disposal site for treatment or
<br />disposal of its hazardous materials (to include test
<br />samples collected to determine the characteristics of the
<br />samples), shall select the method of transportation, and
<br />shall be solely responsible therefore. Any arrangements
<br />for the treatment, storage, transport, or disposal of any
<br />hazardous materials that are made at the direction and
<br />expense of Client and to be conducted or completed by
<br />PATRIOT shall be construed as being made solely and
<br />exclusively on Client's behalf for Client's benefit, and
<br />Client shall defend, indemnify, and hold harmless
<br />PATRIOT from and against any and all claims, damages,
<br />business losses, liability of injury, and expenses, including
<br />reasonable attorney's fees, which arise out of any release,
<br />threatened release, transportation, or disposal of
<br />hazardous materials, unless caused by the negligence or
<br />willful acts of PATRIOT during the execution of its
<br />proposed and contracted scope of work.
<br />28. OWNERSHIP OF DOCUMENTS
<br />Client agrees that all original documents and drawings
<br />produced by PATRIOT in accordance with this agreement,
<br />except documents, which are require to be filed with public
<br />agencies, shall remain the property of PATRIOT. Client
<br />agrees to be liable and responsible for the use of unsigned
<br />plans, drawings, or other documents not signed by
<br />PATRIOT, and waives liability against PATRIOT for their
<br />use. Further, client agrees to waive any claim against
<br />PATRIOT and to indemnify, defend, and hold harmless
<br />PATRIOT from any and all claims arising out of any use,
<br />not authorized in writing by PATRIOT, of these documents
<br />by third parties not related to this agreement.
<br />29. PUBLIC RESPONSIBILITY
<br />Client shall be responsible for reporting to appropriate
<br />governmental and licensing agencies with respect to any
<br />legal or regulatory requirements, code violations, or
<br />hazardous substances detected on site. If Client
<br />disregards PATRIOT'S and its subcontractors'
<br />recommendations for reporting or public health and safety,
<br />Client waives any claim against PATRIOT and its
<br />subcontracts and agrees to defend, indemnify, and hold
<br />harmless PATRIOT and its subcontractors from any claim,
<br />business loss, liability for injury, or loss arising from
<br />disregarding PATRIOT'S or its subcontractors'
<br />recommendations of reporting.
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