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~EP-20-2001 16:0 HARZA ENGINEERING 1 510 636 2177 P.03×05
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<br /> GENERAL CONDITIONS - MWtl Energy & Infrastructure, Inc.
<br />
<br /> TERMS
<br /> Invoices for sene/ecs w~ll bc submitted at MWH Energy & Infrastructure, Inc.'s (MWH) option, on a monthly basis or when thc
<br /> workis completed. Invoices will be due immediately, but w~{l not be delinquent if paid on or before the 10th day following thc
<br /> end of thc month during which thc invoice is dated. There will be a 1 ~% per month carrying charge on al! invoices not paid
<br /> within 30 days of their submittal.
<br />
<br /> SAMPLES
<br /> All geotechnica] Samples of soil m~d rock will bc destroycd 30 days after issuance of our report unless CLIENT advises MWH
<br /> otherwise. Upon request, MWH will deliver samples to CLIENT at CLIENTs expense, or MWH will store them for an agreed
<br /> storage charge. If the samplcs contain hazardous materials, the samples shall bc dccmcd CLIENTs property at all times and
<br /> CLIENT shall be responsible for the disposal of such samples.
<br />
<br /> P, JOHT OF ENTRY
<br /> CLIENT shall provide for MWH's fight to enter from time to timc property owned by CLIENT and/or other(s) in order for
<br /> MWI4 to fulfil] the scope of services indicated hcrcunder. MVv'H will use reasonable care to minimize damage to property.
<br /> However, CLIENT understands that usc of exploration equipment may unavoidably cause some damage, the correction of
<br /> which is not par: of this AOREEMI~NT. IfMWH is asked to restore the property, MWH will charge an additional amount to
<br /> so restore the property.
<br />
<br /> EMBEDDED O]~STRUCTIONS
<br /> CLIENT will furnish to MWH information identifying thc type a~d location of embedded obstructions or other man-made
<br /> objects beneath thc site or structure's surface. MW'FT will take reasonable precautions to avoid damaging these man-made
<br /> objects. CLIENT agrees to waive any claim against M WH and to defend, indemnify and hold MWH harmless ~-om any claim
<br /> or I/ab/llty for injury or loss allegedly afising from MWH's damaging embedded obstructions or other man-made objects that
<br /> were not called to MWH's attention or which were not properly located on plans furnished to MWH.
<br />
<br /> LIMITATIONS OF LIABILITY
<br /> CLIENT hereby agrees that, to the fullest extent permitted by law, MWH's total liability to CLIENT, all consultants,
<br /> contractors or subcontractors for any and all ~njufics, claims, losses, expenses or damages whatsoever, including without
<br /> limitaticm attorneys' fees and costs, arising out of or in any way relating to the project, the site or this agreement from any cause
<br /> or causes including but not limited to MWH's negligence, errors, omissions., strict liability, breach of contract or breach of
<br /> warranty, shell nOt exceed the tolal amount paid by the CLIENT for the services of MWH under this contracL er $50,000,
<br /> whichever is greater.
<br />
<br /> NO SPECIAL OR CONSEQUENTIAL DAMAGES
<br /> CLIENT and MWH agree that, to thc fullest extent permitted by law, MWH shall not bc liablc to CLIENT for any sp=¢ial,
<br /> indirect or consequential damages whatsoever, whether caused by MWH's negligence, errors, omissions, strict liability, breach
<br /> of contract, breach of warranty or other cause or causes.
<br />
<br /> INDEMNIFICATION
<br /> To the fullest extent permitted by law, CLIENT agrees to defend, indemnify and hold MWH, its agents, subcontractors and
<br /> employees harmless from and agains~ any and all claims, defense eom, including attomey~' fees, damages and other liabilities
<br /> arising out of or in any way related to MWH's reports or recommendations concerning this AGREEMENT, MWH's presence
<br /> on the project property, or the prcscncc, release or threatened release ofasbe,~os, ha2zrdou$ subs~nces or pollutants on or from
<br /> thc project property, provided that CLIENT shall not indemnify MWH against liability for damages to the extent directly
<br /> caused by the sole negligence or intentional misconduct of MWH, its ~gentS, subcontractors or employees.
<br />
<br /> Phase l] ESA AuthoriTafien to Commence
<br /> 09/04/2001
<br /> Page 2 o£ 4
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