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BRAUN
<br /> General Conditions INTERTEC
<br /> Section 1:Agreement 2.4 Our duties do not include supervising or 3.5 Neither this Agreement nor the providing of
<br /> 1.1 Our agreement with you consists ofthese directing your representatives or contractors or Services will operate to make us an owner,
<br /> General Conditions and the accompanying written commenting on,overseeing,or providing the operator,generator,transporter,treater,storer,
<br /> proposal or authorization("Agreement').This means and methods of their services unless or a disposal facility within the meaning of the
<br /> Agreement is the entire agreement between you expressly set forth in this Agreement.We will not Resource Conservation Recovery Act,as amended,
<br /> and us.It supersedes prior agreements.It may be be responsible for the failure of your contractors, or within the meaning of any other law governing
<br /> modified only in a writing signed by us,making and the providing of Services will not relieve the handling,treatment,storage,or disposal of
<br /> specific reference to the provision modified. others oftheir responsibilities to you orto others. hazardous substances.You agree to hold us
<br /> harmless,defend,and indemnify us from any
<br /> 1.2 The words"you,""we,""us,"and"our" 2.5 We will provide a health and safety program damages,claims,damages,penalties or losses
<br /> include officers,employees,and subcontractors. for our employees,but we will not be responsible resulting from the storage,removal,hauling or
<br /> for contractor,owner,project,or site health or disposal of such substances.
<br /> 1.3 In the event you use a purchase order or safety.
<br /> other documentation to authorize our scope of 3.6 Monitoring wells are your property,and you
<br /> work("Services"),any conflicting or additional 2.6 You will provide,at no cost to us, are responsible for their permitting,maintenance,
<br /> terms are not part of this Agreement.Directing us appropriate site safety measures as to work areas and abandonment unless expressly set forth
<br /> to start work prior to execution of this Agreement to be observed or inspected by us.Our employees otherwise in this Agreement.
<br /> constitutes your acceptance.If,however,mutually are authorized by you to refuse to work under
<br /> acceptable terms cannot be established,we have conditions that may be unsafe. 3.7 You agree to make all disclosures required by
<br /> the right to terminate this Agreement without law.In the event you do not own the project site,
<br /> liability to you or others,and you will compensate 2.7 Unless a fixed fee is indicated,our price is an you acknowledge that it is your dutyto inform the
<br /> us for costs and expenses incurred up to the time estimate of our project costs and expenses based owner of the discovery or release of contaminants
<br /> of termination. on information available to us and our experience at the site.You agree to hold us harmless,defend,
<br /> and knowledge.Such estimates are an exercise of and indemnify us from claims,damages,penalties,
<br /> Section 2:Our Responsibilities our professional judgment and are not guaranteed or losses and expenses,including attorney fees,
<br /> 2.1 We will provide Services specifically or warranted.Actual costs may vary.You should related to failures to make disclosures,disclosures
<br /> described in this Agreement.You agree that we allow a contingency in addition to estimated costs. made by us that are required by law,and from
<br /> are not responsible for services that are not claims related to the informing or failure to inform
<br /> expressly included in this Agreement.Unless Section 3:Your Responsibilities the site owner of the discovery of contaminants.
<br /> otherwise agreed in writing,ourfindings,opinions, 3.1 You will provide us with prior environmental,
<br /> and recommendations will be provided to you in geotechnical and other reports,specifications, Section 4:Reports and Records
<br /> writing.You agree not to rely on oral findings, plans,and information to which you have access 4.1 Unless you request otherwise,we will
<br /> opinions,or recommendations without our about the site.You agree to provide us with all provide our report in an electronic format.
<br /> written approval. plans,changes in plans,and new information as to
<br /> site conditions until we have completed Services. 4.2 Our reports,notes,calculations,and other
<br /> 2.2 In performing our professional services,we documents and our computer software and data
<br /> will use that degree of care and skill ordinarily 3.2 You will provide access to the site.In the are instruments of our service to you,and they
<br /> exercised under similar circumstances by performance of Services some site damage is remain our property.We hereby grant you a
<br /> reputable members of our profession practicing in normal even when due care is exercised.We will license to use the reports and related information
<br /> the same locality.If you direct us to deviate from use reasonable care to minimize damage to the we provide onlyforthe related project and forthe
<br /> our recommended procedures,you agree to hold site.We have not included the cost of restoration purposes disclosed to us.You may not transfer our
<br /> us harmless from claims,damages,and expenses of damage in the estimated charges. reports to others or use them for a purpose for
<br /> arising out of your direction.If during the one year which they were not prepared without our written
<br /> period following completion of Services it is approval.You agree to indemnify,defend,and
<br /> 3.3 You agree to provide us,in a timely manner,
<br /> determined that the above standards have not hold us harmless from claims,damages,losses,
<br /> with information that you have regarding buried
<br /> been met and you have promptly notified us in and expenses,including attorney fees,arising out
<br /> objects at the site.We will not be responsible for
<br /> writing of such failure,we will perform,at our of such a transfer or use.
<br /> locating buried objects at the site.You agree to
<br /> cost,such corrective services as may be necessary,
<br /> hold us harmless,defend,and indemnify us from
<br /> within the original scope in this Agreement,to claims,damages,losses,penalties and expenses 4.3 If you do not payfor Services in full as
<br /> remedy such deficiency.Remedies set forth in this (including attorneyfees)involving buried objects agreed,we may retain work not yet delivered to
<br /> section constitute your sole and exclusive recourse that were not properly marked or identified or of you and you agree to return to us all of our work
<br /> with respect to the performance or quality of which you had knowledge but did not timely call to that is in your possession or under your control.
<br /> Services. our attention or correctly show on the plans you or
<br /> others furnished to us. 4.4 Samples and field data remaining after tests
<br /> 2.3 We will reference our field observations and are conducted and field and laboratory equipment
<br /> sampling to available reference points,but we will 3.4 You will notify us of any knowledge or that cannot be adequately cleansed of
<br /> not survey,set,or checkthe accuracy ofthose suspicion ofthe presence of hazardous or contaminants are and continue to be your
<br /> points unless we accept that duty in writing. dangerous materials present on any work site or in property.They may be discarded or returned to
<br /> Locations of field observations or sampling a sample provided to us.You agree to provide us you,at our discretion,unless within 15 days of the
<br /> described in our report or shown on our sketches with information in your possession or control report date you give us written direction to store
<br /> are based on information provided by others or relating to such materials or samples.If we ortransferthe materials at your expense.
<br /> estimates made by our personnel.You agree that
<br /> observe or suspect the presence of contaminants
<br /> such dimensions,depths,or elevations are not anticipated in this Agreement,we may 4.5 Electronic data,reports,photographs,
<br /> approximations unless specifically stated terminate Services without liability to you or to samples,and other materials provided by you or
<br /> otherwise in the report.You accept the inherent others,and you will compensate us for costs and others may be discarded or returned to you,at our
<br /> risk that samples or observations may not be cexpenses incurred up to the time of termination. discretion,unless within 15 days of the report date
<br /> furtherthat site conditions representative oonditi not sampled or seen and you give us written direction to store ortransfer
<br /> ons may vary over distance the materials at your expense.
<br /> or change overtime.
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