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<br />6. LIABILITY INSURANCE: PBS carries comprehensive General Liability insurance which, subject to its terms and limits, may provide
<br />protection against liability arising out of bodily injury or property damage arising out of PBS operations. PBS makes no representations
<br />or warranties concerning the effect, applicability or scope of such insurance. Upon request in writing by Client to PBS, PBS will request
<br />its insurer to name Client as an additional insured on such policies and to issue certificates to Client to that effect: PBS makes no
<br />representations or warranties regarding any act by its insurer(s), and shall not be responsible for performing any act with respect to such
<br />insurance not specifically called for by this paragraph.
<br />7.; PRQFESSIONAL LIABILITY AND LIMITATION THEREOF: This paragraph relates only to Professional Liability and not General
<br />Liability. In performing our professional services, we will use that standard of care and skill ordinarily recognized under similar
<br />', circumstances by members of our profession in the state and region at the time the services are performed. No other warranty, either
<br />expressed or implied, is made in connection with out rendering of professional services.
<br />8 CONTRACTED WORK: PBS, including its subconsultants, are retained hereunder for the limited purpose of performing certain
<br />environmental surveys, providing the results of such surveys to client, and making recommendations with respect to the data produced
<br />by the surveys. PBS is not responsible for the overall environmental status of ClientOs project, for the interpretation of the survey results
<br />by others, for any use of its reports by Client or others except as specifically set forth herein, or for any other matter not encompassed in
<br />', the specific assignment given to PBS by Client. Any unauthorized use or distribution of PBS work shall be at the Client and recipients
<br />sole risk. If Client desires to release, or for PBS to provide, our report(s) to a third party not described above for that party0s reliance,
<br />PBS will agree to such a release provided we receive written acceptance from such third party to be bound by acceptable terms and
<br />': conditions similar to this agreement, in addition to a fee for extending our liability to a new party. The Client shall indemnify, defend and
<br />~, hold harmless PBS and its subconsultants from any claims, damages, costs, losses and expenses, including but not limited to attorney fees
<br />'and costs on arbitration, trial or appeal arising out of unauthorized or third party use of PBS reports.
<br />9r ', SA PLES: Alt samples will be discarded 30 days after submission of our final report unless other arrangements are made.
<br />lb. ', PAYMENTS TO CONSULTANT: Invoices will be submitted periodically for prior services. An account will become delinquent thirty
<br />days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of one-and-one-half percent (1-
<br />1/2%) for each thirty days delinquent (provided the rate of such late chazge shall not exceed the maximum allowable by the laws of the
<br />state in which our office submitting the invoice is located).
<br />1,'1. O'JZ'HER PROVISIONS: Neither party shall hold the other responsible for delay in performance caused by acts of God, strikes, lockouts,
<br />weather, accidents, or other events beyond the control of the other or the other's employees and agents.
<br />', Waivers by either party of any provision, term, condition or covenant, shall not be construed by the other party as a waiver of a subsequent
<br />breach of the same by the other party by providing written notice. This agreement supersedes any contract language which may be issued
<br />by.client as a matter of standard purchasing protocol without regard to the unique nature of professional services.
<br />An opinion of construction, remediation and restoration costs prepared by PBS represents our judgement as a professional. Since we have
<br />no control over the cost of labor and material, or over competitive bidding or mazket conditions, we do not guarantee the accuracy of our
<br />opinion as compared to contractor bids of actual cost to the Client.
<br />It is understood and agreed by both parties that PBS, in performing professional services for the Client with respect to hazardous
<br />substances, will make recommendations to the Client but does not have the authority or responsibility to decide where disposal or
<br />treatment takes place, nor to designate how or by whom the hazardous substances are to be transported for disposal or treatment. It is
<br />understood that PBS is not the generator or site operator and does not own the hazardous waste discovered, handled or removed from
<br />the owner's property. Client agrees under advice from client's counsel to timely disclosure to appropriate public agencies as required
<br />bylaw; any information that may be necessary to prevent damage to human health, safety, or the environment. Client agrees that PBS
<br />and its consultants are not responsible for the creation of the condition(s) PBS is being asked to investigate and that it would be unfair
<br />for PBS to be exposed to claims of injury or damage as a result of the conditions. In addition, Client understands that it is possible that
<br />exploration and investigation may fail to reveal the presence, location or source of the condition(s) being investigated even when the
<br />condition(s) is assumed or expected to exist. Client understands that PBSO failure to discover and/or locate the condition(s) or the spread
<br />of the condition(s) through appropriate and mutually agreed upon techniques does not guarantee that the condition(s) does or does not
<br />exist. Client agrees that it would be unfair to hold PBS liable for creating the condition(s) or the spread of the condition(s) providing PBS
<br />meets a reasonable standard of care and/or as described by supplemental proposal. Accordingly, Client Waives any resulting claims against
<br />P$S and its consultants, and agrees to defend, indemnify and hold harmless PBS and its consultants from any and all claims or liability
<br />far injury or loss arising from the creation of the original condition(s) or the unintentional exacerbation of the original condition(s) by
<br />PBS, the exacerbation of hazardous conditions by others, the discovery of any condition, location of any condition and/or allowing any
<br />cgndition to exist. Client also agrees to fairly compensate PBS and its consultants for any time spent and expenses incurred in the defense
<br />of any such claim.
<br />PBS does not provide legal opinions, and recommends client seek legal counsel for advise on issues such as the appropriateness of a
<br />particular scope of work to minimize legal liability, potential cost recovery from responsible parties, and to assess the value of maintaining
<br />attomey/client privilege for work conducted under this agreement.
<br />In the event there is a dispute between PBS and the Client concerning the perfomiar-ce of any provision in this agreement, the losing party
<br />shall pay the prevailing party reasonable attorney's fees and costs on trial or appeal In addition, Client agrees to pay PBS for a!t employee
<br />time, costs, and witness costs incurred for collection activity.
<br />This agreement can be terminated at any time by either party. If terminated prior to the completion of a scope of work, PBS shall be
<br />entitled to its portion of fees for any work performed in accordance with the above rate schedule.
<br />c:~wtNOOws~remrr~rc.zooz.a« Rev. S/2002 Page 2 of 2
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