i. Contract approval - Laserfiche WebLink

2.8 Employee Safety The Company shall take necessary precautions for the safety of employees, agents and subcontractors of any of Fargo/Cass/West Fargo's employees, agents and subcontractors when carrying out the Services, The Company is responsible for ensuring that the Company and the Company's employees, agents and subcontractors comply with Fargo/Cass/West Fargo's on-site environmental and safety policies and procedures. 2.9 Reporting of Damage The Company shall report to Fargo/Cass/West Fargo and to any Governmental Authority having jurisdiction any accident or occurrence resulting in bodily injury to any of the Company's employees, agents or subcontractors or to any persons, or of damage to Fargo/Cass/West Fargo's or others property arising from the Company's performance of the Services. 2.10 Samples The Company and Fargo/Cass/West Fargo agree that ifthe scope ofthe Services encompasses the taking of physical samples from materials affected by a release, that such samples, once in the custody of the Company, become the property of Fargo/Cass/West Fargo, as the case may be. Upon completion by the Company of any sampling, the Company shall, at Fargo/Cass/West Fargo's option, as the case may be, either: (a) return the samples to Fargo/Cass/West Fargo, as the case may be; or (b) archive the samples for and on behalf of Fargo/Cass/West Fargo, as the case may be, in accordance with a mutually-agreed procedure; or (c) dispose of the samples in accordance with all applicable Environmental laws at a fully permitted disposal facility selected by the Company, at the cost to Fargo/Cass/W est Fargo, as the case may be. 2.11 Removal of Equipment and Waste Upon completion of the Services, the Company shall remove all materials and equipment owned or provided by or for the Company from the site where the Services are provided. The Company will assist Fargo/Cass/West Fargo with the proper disposal of all waste and waste products arising from the provision of the Services in compliance with all Environmental Laws. 2.12 Damaged Equipment The Company agrees that in the event any ofthe Company's laboratory or field equipment is damaged or destroyed while providing the Services or rendered contaminated or unusable because of exposure to any Dangerous Product found at the site of a Release then such equipment shall be properly and legally repaired by the Company or disposed of by the Company as contaminated waste. The Company shall be entitled to reimbursement of the costs of any equipment or material so damaged or disposed of unless such damage is caused, in whole or in part, by the Company's negligence or willful - 6 - C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc