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Q.
<br />d.
<br />attention in writing and correctly shown on the diagram(s)
<br />furnished or correctly marked at the site.
<br />Unless otherwise stated, the fees in this proposal do not include
<br />costs associated with surveying of the silo for the amumtc
<br />horizontal and vertical locations of tests. Field tests or boring
<br />locations described in our report or shown on sketches are
<br />based upon information famished by others andlor estimates
<br />made in the field by our representatives. Such dimensions and
<br />elevations should be considered as approximations unless
<br />otherwise stated.
<br />This agreement may be terminated by WBC if site comditions
<br />prevent soil borings or other subsurface excavations by WBC
<br />at or near the designated locations, because of either
<br />obstructions or safety considerations, and these conditions were
<br />not revealed to WBC prior to acceptance of this AgrccmcuL 11,
<br />in order to complete borings, or 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 rates in
<br />the fee schedule.
<br />Any equipment lost or damaged due to site surface or
<br />subsurface conditions, acid not due primarily to the negligence
<br />of WBC or its subcontractors, will be invoiced at cost plus 15
<br />Percent.
<br />WEAVER BOOS CONSULTANTS, LLC
<br />General Terms and Conditions
<br />Version 2009 Al
<br />Page 2 of A
<br />losses and expenses including attorneys' fees arising out of or
<br />resulting therefrom.
<br />SECTIONS: INDEMI'1ITY PROVISIONS
<br />a. WBC agrees to indemnify, hold harmless, and defend Client
<br />from and against any loss, damage, injury, claim, and liability
<br />arising from and to the extent caused by the negligent acts or
<br />omissions of WBC, its agents and subcontractors, but subject to
<br />the limitations of liability set forth in Section 11 of this
<br />Agreement, Farther, Client agrees in indemnify, hold
<br />harmless, and defend WBC against any loo, 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 for indemnity and contribution
<br />(and related theories) for claims which are otherwise coveted
<br />(or would be ordinarily covered) when made directly to WBC
<br />or its subcontractors under Worker's Compensation insurance
<br />providod by WBC or its subcontractors.
<br />SECTION 9: STANDARD OF CARE
<br />a. WBC represents that the services performed under this
<br />Agreement will be performed with the care and skill ordinatily,
<br />exercised by reputable members of the profession practicing
<br />murder similar conditions or the same time in the same or similar
<br />locality.
<br />SECTION 6: SAMPLES b.
<br />a All materials and samples will be discarded immediately afier
<br />testing unless the Client advises WBC in writing to the
<br />watery. In such case, the samples will be delivered, shipping
<br />charges collected, or stored or owner's expense,
<br />b. Client shall have the sole responsibility to dispose of any
<br />hazardous substance or regulated contaminant whether the
<br />result of or a by -product cf sampling or not in accordance with
<br />applicable law. Client shall bear all costs and liabilities
<br />associated therewith.
<br />c. Client agrees to indemnify, defend and hold harniiess WBC
<br />from any claims made or asserted against WBC arising out of
<br />or related to collection, storage or dispos flou of samples or
<br />materials alleging a failurc to comply with any Fcdcral, 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 field data, field rwlcs, laboratory, test data,
<br />calculations and estimates arc and remain the property of
<br />WBC. Client agrees that all reports and other work famished
<br />to the Client but not paid for in Full will be returned to WBC
<br />upon demand and will not be used for design, coustmction,
<br />permits, licensing, or any other purpose.
<br />b. Documents, including but not limited to, technical reports, field
<br />data, field notes, laboratory test data, calculations, and
<br />estimates famished to the Client or its agency pursuant to this
<br />agmemeut are not intended or represented to be suitable for use
<br />by third parties or reuse by the Client or to the extensions of
<br />the Project or on any other project. Any use or muse without
<br />WBC's wtitlea consent will be at Clicnt's sale risk and without
<br />liability or legal exposure to WBC or to WBC's
<br />snbcontractor(s), Client shall indemnify and hold harmless
<br />WBC mid WBC's subcontractor(s) from all claims, damages.
<br />Client recognizes that subsurface conditions may very from
<br />those encountered at the locations whcro the borings, surveys,
<br />or explorations an made by WBC and that the data
<br />interpretations and recommendations of WBC's personnel are
<br />based solely an the information provided to WRC. WBC will
<br />be responsible for these data, interpretations, and
<br />recommendations, but shall not be responsible for die
<br />inimprotation by others of the information developal.
<br />NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS
<br />MADE OR INTENDED BY RENDITION OF CONSULTING
<br />SERVICES OR BY FURMSHING ORAL OR WRITTEN
<br />REPORTS OF THE FINDINGS MADE.
<br />SECTION 10: INSURANCE
<br />a. WBC represents that it and its agents, consultants, and
<br />subcontractors employed by it, 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 shall finmish certificates of insurance upon
<br />request. If the Client requests specific inclusions or limits of
<br />coverage that are 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 />MCTION 11: LIMITATIONS OF LIABILITY
<br />a. IT IS AGREED THAT, TO THE FULLEST gXTMT
<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, WMCBEVM IS LESS, FOR ANY AND ALL
<br />INJURIES, CLAIMS, LOSSES EXPENSES OR CLAIM
<br />EXPENSES (INCLUDING ATTORNEY'S AND EXPERT
<br />WI'T'NESS FEES) ARISING OUT OF THIS AGREEMRtR`
<br />OR THE SERVICES TO BB PERFORMED PURSUANT TU
<br />THIS AGREEMENT FROM ANY CAUSE OR CAUSES.
<br />SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TD,
<br />
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