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1:0^ <br />IJ WeagmioppoviditepiofeMioiiil <br />with you. Wc win pmvitff yoii Willi wfioni <br />pioiwiiioiiiir <br />fOCOfI * <br />•cfviocs* wt will me iMi difm of COT and <br />skii iwdinarily tacfcned wider ttniilir <br />cifcufiiitances by repuiaNe me mben of our <br />profession praciicing in die same locality <br />IJ Tests and obtervadons will be conducted <br />Theve is an inbeicni risk dial saoiples or <br />obaervatioiis may not be lep ieiew iative of <br />If you <br />dtfuct dw mannw of taking saniplet or mikiiif <br />teals in any way dim varies <br />mended proceduaes. you agi <br />10 hold us harmless from all claims, damafes. <br />and expenses ahsinf out of your direciion. <br />U We will reference our field obaervadons <br />and samplinf to available reference poinu. <br />We will not survey, set, or check die accuracy <br />of dioie points unless we accept dial duty in <br />wruing. <br />M Our duties do not include supervising your <br />contractors or commetui ng on. overseeing, or <br />providing the means and medaods of their <br />work, unless w^ accept those duties in writing. <br />We will not he respi>nsible for the failure of <br />your contractors to petform in accordance with <br />their undertakings, and the providing of our <br />services shall not relieve others of then <br />lesponsibiUcies ro you or to othen. <br />13 We will provide a health and safety <br />program for our employees, but we will not be <br />ftsponsibk for contra ctor, job, or site health or <br />safety unless we accept that duly in writing. <br />13 if you !k > request in writing, we will not <br />release mtonnation regarding our services for <br />INTERTEC <br />General CondUoiu <br />you or any inibnnadon that we luceive from <br />you, except for informadon dial is in the public <br />domain or as we OT iui|uiied to release by law. <br />We agree to comply widi more resirkdve <br />confidendaliiy requiietncnts provided that we <br />let You agree ID piovide m with access 10 the <br />worksite. We wiH use rraaondbie cot to <br />minimixe damage to the site. In die course of <br />our work some site damage is normal even <br />when dm COT is exeiciaad Wchavenoi <br />included die cost of letioraiion of normal <br />damage in die esdmaied charges. At your <br />option and expense, we will correct normal <br />damage. We a^«e to be responsible for <br />damage beyond dial which is normal and that <br />is caused by our negligence. <br />2J You ^ree 10 provide us, in a timely <br />manner, with the informndon dial you have <br />regarding buried objects located at the site. <br />Until we have compiciad our fkld work, you <br />agree to provida m widi all your plana, <br />changes in plans, and new informadon that <br />refer to site conditions. You ague to hold us <br />harmless from all claims, damafcs. losses, and <br />related expenses involving buried objects of <br />wbkh you bad knowledge but did not dmely <br />call to our anentioo or correctly show on the <br />plans himished 10 us. <br />ZJ You will be responsible for the coopera ­ <br />tion of your employees and your contractors in <br />observing all radiation safety standards alter <br />we notify you that radiograpliic or gamma ray <br />equipment or other nuclear tesdng or <br />measuring devices ate to be employed by us. <br />23 You will nodfy us of any knowledge or <br />suspicion of the presence of harardous <br />nmcrials in samples provided to us and. if we <br />are coUcedng samples, at the site. Youfurher <br />agree to provida us with documents reladng lo <br />hazardous maierials at the site. If we observe <br />or suspect the presence of hazardous materials <br />not anticipated in our agreement, we may <br />lenmnaie our work without liability to you or <br />others, and we will be paid for the services we <br />have provided. <br />23 Neither ihUagifememOT die providing <br />of services will opar a ta to make m an cmnar, <br />oparmor, ganermor, tranaponer, nuawr, saorer. <br />or adisposal facility within the maaiiing of the <br />Resource Conservation Recovery Act, as <br />amended, or within the meaning of any other <br />law goveining the handling, ne an nant, storaia, <br />or disposal of hazardommamiab. Youagrea <br />to hold m harmless and indemnify us from any <br />such claim or loss that is not based on our <br />negligence. <br />23 Drilling, well instailalion, and icmadiadon <br />services involve an inherent risk of **crost- <br />contamination** of previously unaontaminaicd <br />air. soil, and water. If you aie lequesting us lo <br />undertake work that includes this risk, you <br />agree to hold us harmless and indemnify us <br />from cfoss-containination claims and damages, <br />unless the loss is caused by our negligence. <br />2.7 You agree to make djaejosuresr e gunad by <br />law. In the event you do not own the site Rom <br />which contaminated samples OT obtained, you <br />acknowledge diM it is your duty to inform tba <br />owner of the discovery of or lelaOT of <br />hazardous mawriali . You agree to hold <br />harmless and indemnify us Rom all claims <br />related to disckmirn made by us that ot <br />required by law and from all claims lehied to <br />the informing or failure to inform the site <br />owner of the disemrery of hazardous materials. <br />XI We will furnish lepofts to you in <br />duplicate. We will retain analytical data for <br />seven yean and fuiancial data for ttvee yean <br />relating to the services performed following <br />transmittal of our final report. <br />X2 All samples remaining aRer tests OT <br />conducted and field and laboratory equipment <br />that cannot be adequately cleansed of <br />hazardous materials are your properly. They <br />will be discarded or ret urne d to you. at our <br />discretion, unless within 60 days of the report <br />date you give written directio n to wore or <br />transfer the materials, at your expense. <br />33 Our reports, notes, calculatiom. and other <br />documenis are instfumems of our service to <br />you. We agree to provide our reports for your