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safety us nri additi the fe d. Any rsiderations, and these conditions were not revealed to to acceptance of this Agreement. If, in order to borings, or other subsurface excavation. to their T depths, additional work is necessitated by ing impenetrable subsurface objects, this and all work will be charged for at the appropriate rates in ment lost or damaged due to site surfnce or conditions, and not the negligence of WBC or its ors, will be invoiced at cost plus 15 percent. a. All materials and samples will be discarded immediately after testing unless the Client advises WBC in writing to the contra I» such ease, the samples will be delivered, shipping charges collected, or stored at owner's expense. b. Client shall have the sole responsibility to dispose of any hazardous substance or regulated contaminant whether the result of or a by- product of sampling or not, in accordance with applicable law. Client shall bear all costs and liabilities associated therewith. C. Client grees to indemnify, defend and hold harmless WBC from smy claims made or asserted against WBC arising out of or rela ed to collection, storage or disposition of samples or materif Is alleging a failure to comply with any Federal. State or local ci ivironmental law, regulation or ordinance. a. With the exception of WBC reports to Client, all documents, includi ig field data. field notes. laboratory test data_ cnlcula ions and estimates are and remain the property of WBC. Client igr= that all reports and other -wort: furnished to the Client u1 not paid for in full will be returned to WBC upon demon and will not be used for design. construction. permits. licensing, or any other purpose. b. Documents, including but not limited to, technical reports. field data, field notes, laboratory test (into. calculations. and estimates furnished to the Client or its agency pursunnt to this agreement are not intended or represented to be suitable for use by third parties or reuse by the Client or to the extensions of the Project or on any other project. Any use or reuse without WBC's written consent will be at Client's sole risk and without liability or legal exposure to WBC or to 1VBC's subcont actor(s). Client shall indemnify and hold harmless WBC aid WBC's subcontractor(s) from all claims, damages, losses aid expenses including attorneys' fees arising out of or resultin therefrom. n. WBC a ecs to indemnify. hold harmless. and defend Client from anJ against any loss. damage, iniury, claim, and linbility arising and caused by the negligent acts or omissions of WBC. its agen s and subcontractors, but subject to the limitations of liability et forth in Section I 1 of this Agreement. a. WBC resents that the services perfomhcd under this Agrcem nt will be performed with the care and skill ordinndly exercise by reputable members of the profession practicing WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 2006 -A1 Page 2 of 3 under similar conditions at the some time in the same or similar locality. Client recognizes that subsurface conditions may vary from those encountered at the locations where the borings. surveys, or explorations are made by WBC and that the data interpretations and recommendations of WBC's personnel are based solely on the information available to them. WBC will be responsible for those dots, interpretations, and recommendations, but shall not be responsible for the interpretation by others ofthe information developed. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS MADE OR INTENDED BY RENDITION OF CONSULTING SF.RViCES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. SECTION 10: INSURANCE a. WBC represents dint it and its agents, consultants, nail subcontractors employed by it, is and are protected by Worker's Compensation insurance and that WBC has coverage under liability insurance policies which WBC deems reasonable and adequate, WBC shall furnish certificates of insurance upon request. If the Client requests specific inclusions or limits of coverage that are not present in WBC's insurance, the cost of such inclusions or coverage increases, if available, shall be at the expense of the Client. SECTION 11: LIMITATIONS OF LIABILITY IT IS AGREED THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT WILL LIMIT WBC's TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000 OR THE AMOUNT OF WBC's FEE. WHICHEVER IS LESS, FOR ANY AND ALL INJURIES. CLAIMS. LOSSES EXPENSES OR CLAIM EXPENSES (INCLUDING ATTORNEY'S AND EXPERT WITNESS FEES) ARISING OUT OF THIS AGREEMENT OR THE SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO. WBC'S NEGLIGENCE, ERRORS. OMISSIONS. STRICT LIABILITY, BREACH OF CONTRACT. STATUTORY LIABILITY, BREACH OF WARRANTY, NEGLIGENT MISREPRESENTATIONS, ENVIRONMENTAL LIABILITY OR OTHER ACTS GIVING RISE TO LIABILITY BASED UPON CONTRACT, TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT THE REMEDY STATED HEREIN IS THE CLIENT'S EXCLUSIVE AND SOLE REMEDY FOR ANY DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT, �. WBC will increase our limitation of linbility up to the limits of our available insurance coverage or otherwise to $250,000, whichever is greater, upon client's written request. Said request must be received within 14 days of the date of execution of the Proposnl and be before nny claim arises, The Client further agrees to notify any contractors or subcontractors who cony perform work in connection with any design. report or study prepared by WBC of such limitation of liability for breach ofcontract. errors, omissions or negligence and require as a condition precedent to their performing their work a like limitation of liability on their part ns against WBC.