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<br />I
<br />
<br />General Conditions
<br />
<br />
<br />Our agreement ("Agreement") with you consists
<br />of these General Conditions and the
<br />accompanying written proposal or authorization.
<br />
<br />Section J:
<br />
<br />Our Responsibilities
<br />
<br />].1 We will provide the services
<br />specifically described in our Agreement with
<br />you. You agree that we are not responsible for
<br />selVices that are not fairly included in our
<br />specific undertaking. Unless otherwise agreed in
<br />writing, our findings, opinions, and
<br />recommendations will be provided to you in
<br />writing. You agree not to rely on oral findings,
<br />opinions, or recommendations without our
<br />written approval.
<br />
<br />1.2 In performing our professional
<br />services, we will use that degree of care and skill
<br />ordinarily exercised under similar circumstances
<br />by reputable members of our profession
<br />practicing in the same locality. If you direct us to
<br />deviate from our recommended procedures, you
<br />agree to hold us hannless from claims, damages,
<br />and expenses arising out of your direction.
<br />
<br />1.3 We will reference our field
<br />observations and sampling to available reference
<br />points, but we will not survey, set, or check the
<br />accuracy of those points unless we accept that
<br />duty in writing. Locations of field observations or
<br />sampling described in our report or shown on our
<br />sketches are based on information provided by
<br />others or estimates made by our personnel. You
<br />agree that such dimensions, depths, or elevations
<br />are approximations unless specifically stated
<br />otherwise in the report. You accept the inherent
<br />risk that samples or observations may not be
<br />representative of things not sampled or seen and,
<br />further, that site conditions may change over
<br />time.
<br />
<br />1.4 Our duties do not include supervising
<br />your contractors or commenting on, overseeing,
<br />or providing the means and methods of their
<br />work, unless we accept such duties in writing. We
<br />will not be responsible for the failure of your
<br />contractors to perform in accordance with their
<br />undertakings, and the providing of our services
<br />will not relieve others of their responsibilities to
<br />you or to others.
<br />
<br />1.5 We will provide a health and safety
<br />program for our employees, but we will not be
<br />responsible for contractor, job, or site health or
<br />safety unless we accept that duty in writing.
<br />
<br />1.6 You will provide, at no cost to us,
<br />appropriate site safety measures as to work areas
<br />to be obselVed or inspected by us. Our
<br />
<br />employees are authorized by you to refuse to
<br />work under conditions that may be unsafe.
<br />
<br />1.7 Estimates of our fees or other project
<br />costs will be based on information available to us
<br />and on our experience and knowledge. Such
<br />estimates are an exercise of our professional
<br />judgment and are not guaranteed or warranted.
<br />Actual costs may vary. You should allow a
<br />contingency in addition to estimated costs.
<br />
<br />Section 2:
<br />
<br />Your Responsibilities
<br />
<br />2.1 You will provide us with prior
<br />geotechnical and other reports, specifications,
<br />plans, and information to which you have access
<br />about the site. You agree to provide us with all
<br />plans, changes in plans, and new information as
<br />to site conditions until we have completed our
<br />work.
<br />
<br />2.2.. You will provide access to the site. In
<br />the course of our work some site damage is
<br />normal even when due care is exercised. We will
<br />use reasonable care to minimize damage to the
<br />site. We have not included the cost of restoration
<br />ofnonnal damage in the estimated charges.
<br />
<br />2.3 You agree to provide us, in a timely
<br />manner, with information that you have regarding
<br />buried objects at the site. We will not be
<br />responsible for locating buried objects at the site
<br />unless we accept that duty in writing. You agree
<br />to hold us harmless from claims, damages, losses,
<br />and related expenses involving buried objects of
<br />which you had knowledge but did not timely call
<br />to our attention or correctly show on the plans
<br />you or others on your behalf furnished to us.
<br />
<br />2.4 You will notifY us of any knowledge or
<br />suspicion of the presence of hazardous or
<br />dangerous materials in a sample provided to us.
<br />You agree to provide us with infonnation in your
<br />possession or control relating to contamination at
<br />the work site. If we obselVe or suspect the
<br />presence of contaminants not anticipated in our
<br />Agreement, we may terminate our work without
<br />liability to you or to others, and we will be paid
<br />for the services we have provided.
<br />
<br />2.5 Neither this Agreement nor the
<br />providing of selvices will operate to make us an
<br />owner, operator, generator, transporter, treater,
<br />storer, or a disposal facility within the meaning
<br />of the Resource Conservation Recovery Act, as
<br />amended, or within the meaning of any other law
<br />governing the handling, treatment, storage, or
<br />disposal of hazardous materials. You agree to
<br />hold us harmless and indemnifY us from any
<br />such claim or loss.
<br />
<br />BRAUN
<br />I NTE RTEC
<br />
<br />2.6 Monitoring wells are your property,
<br />and you are responsible for their permitting,
<br />maintenance, and abandorunent unless we accept
<br />that duty in writing.
<br />
<br />2. 7 You agree to make disclosures
<br />required by law. In the event you do not own the
<br />site, you acknowledge that it is your duty to
<br />inform the owner of the discovery or release of
<br />contaminants at the site. You agree to hold us
<br />harmless and indemnifY us from claims related
<br />to disclosures made by us that are required by
<br />law and from claims related to the infonning or
<br />failure to inform the site owner of the discovery
<br />of contaminants.
<br />
<br />Section 3:
<br />
<br />Reports and Records
<br />
<br />3.1 We will furnish reports to you in
<br />duplicate. We will retain analytical data for
<br />seven years and financial data for three years.
<br />
<br />3.2 Our reports, notes, calculations, and
<br />other documents and our computer software and
<br />data are instruments of our service to you, and
<br />they remain. our property but are subject to a
<br />license to you for your use in the related project
<br />for the purposes disclosed to us. You may not
<br />transfer our reports to others or use them for a
<br />putpOse for which they were not prepared
<br />without our written approval, which will not be
<br />unreasonably withheld. You agree to indemnifY
<br />and hold us hannless from claims, damages,
<br />losses, and expenses, including attorney fees,
<br />arising out of such a transfer or use. At your
<br />request, we wi II provide endorsements of our
<br />reports or letters of reliance, but only if the
<br />recipients agree to be bound by the tenus of our
<br />agreement with you and only ifwe are paid the
<br />administrative fee stated in our then current
<br />Schedule of Charges.
<br />
<br />3.3 Because electronic documents lnay be
<br />modified intentionally or inadvertently, you
<br />agree that we will not be liable for damages
<br />resulting from change in an electronic document
<br />occurring after we transmit it to you. In case of
<br />any difference or ambiguity between an
<br />electronic and a paper document, the paper
<br />document shall govern.
<br />
<br />3.4 If you do not pay for our services in
<br />full as agreed, we may retain work not yet
<br />delivered to you and you agree to return to us all
<br />of our work that is in your possession or under
<br />your control. You agree not to use or rely upon
<br />our work for any purpose whatsoever until it is
<br />paid for in full.
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