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<br />Article 20. Hazardous Substances
<br />In the event that services performed under this Agreement involve hazardous substances, as defined in 40 CFR Part 302,
<br />including hazardous waste, whether or not such involvement was known or contemplated at the time this Agreement was
<br />made or when services performed by Symbiont commenced under this Agreement, the following additional terms and
<br />conditions shall apply to this Agreement.
<br />Any and all samples collected or received by Symbiont or its subcontractors on behalf of the Client which contain hazardous
<br />substances including hazardous waste will be, after completion of testing and at Client's expense, either returned to the
<br />Client, or using a manifest signed by the Client as a generator, be transported to a location selected by the Client for final
<br />disposal, The Client shall pay all costs associated with the storage, transport, and disposal of all such samples. The Client
<br />agrees and recognizes that Symbiont is acting as a bailee and at no time assumes title to any such samples or substances.
<br />Symbiont warrants that when making hazardous waste determinations on behalf of Client, Symbiont will use the standard of
<br />care and diligence normally practiced by consulting firms performing similar services in the same locale. Symbiont, if
<br />requested by Client, will gather bids from various hazardous waste transporters and /or treatment, storage or disposal
<br />facilities (TSDFs) that are appropriately licensed or permitted by state, federal and /or local authorities to accept the waste
<br />generated by the Client. Client acknowledges that although Symbiont may gather bids from various hazardous waste
<br />transporters or TSDFs, that Client has ultimately selected such transporter or TSDF. Client understands that Symbiont has
<br />not conducted regulatory compliance audits on such transporters or TSDFs nor does Symbiont make any other warranties
<br />or representations other than expressly written in this paragraph related to such transporters or TDSFS. Client
<br />acknowledges that Symbiont at no time assumes title to waste generated from Client's facility or site.
<br />Client acknowledges that Symbiont has no responsibility as an operator, arranger, generator, treater, storer, transporter, or
<br />disposer of hazardous substances found or identified in conjunction with work performed hereunder.
<br />Article 21. Third Party Rights
<br />Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties other than
<br />Client and Symbiont. The services provided by Symbiont hereunder are for the Client only.
<br />Article 22. Assignment'
<br />Neither party to this Agreement shall assign its duties and obligations hereunder without the prior consent of the other party
<br />except as provided in Article 4.
<br />Article 23. Lien Notice
<br />As required by the Wisconsin Construction Lien Law, Symbiont hereby notifies Client that persons or companies performing,
<br />furnishing, or procuring labor, services, materials, plans, or specifications for construction on Client's land may have lien
<br />rights on Client's land and buildings if not paid. Those entitled to lien rights, in addition to Symbiont, are those who contract
<br />directly with Client or those who give Client notice within sixty (60) days after they first perform, furnish, or procure labor,
<br />services, materials, plans or specifications for construction. Accordingly, Client probably will receive notices from those who
<br />perform, furnish, or procure labor, services, materials, plans, or specification for construction, and should give a copy of
<br />each notice received to the mortgage lender, if any. Symbiont agrees to cooperate with Client and Client's lender, if any, to
<br />see that all potential lien claimants are duly paid.
<br />If the project site is in a state other than Wisconsin, Symbiont and its subcontractors may also have lien rights on Client's
<br />land and building if not paid.
<br />Article 24. Waiver
<br />No waiver by Symbiont of any term or condition set forth herein or the breach by the Client of any such term or condition,
<br />whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing
<br />waiver of any such term, condition or breach or a waiver of any other term, condition or breach.
<br />Article 25. Headings
<br />The subject headings in this Agreement are for convenience only and are not determinative of the substance of the subject
<br />clause.
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