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~ HARZA ENGINEERIN~ 1 510 636 2177 P.04×05 ~r..~AL CONDITfONS - ~ Enerev & In~:~re. Inc. (con~nued~ GENERAL [JABTLITY INSURANCE AND LIMITATION MWH is protected by Worker's Compensation Insurance (and/or Employers' Uability Insurance), and by Commerci al General Liabili'~y Insurance for bodily injury and property damage with a combined limit of $1,000,O00, and will furnish certificates thereof upon req uea[. MVv-FI assumes thc risk ofclamagc to its own supplias and equipment proximately resulting fro m MWH's sole negligence or will ful misconduct. If CL1ENTs contract or purchase order places greater responsibilities upon MWH or requires further inanrancc coverage, MWH, if specifically directed by CLIENT) will take out additional insurance (if procureblc) at CLIEN'r's expense; but MWI-I shall not b= responsible for property damage from any cause, including fire and explosion, beyond the amounts and covcregc of IVrWH's insurance. STANDARD OF CARE Services pcrformcd by MWH under this AGRI~£MENT will be conducted in a manner consistent with that level of care and skill ordinarily exercisedbymembers ofthcprofcssion cm'rentlypracticingin thc same locality under similar conditions. No othcr rcprescntation, ~pressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, documcnt or otherwise. DISCOVERY OF LTNANTICIPATED HAT.~,RDOUS MATERIALS If pollutants arc discovered thut pose unanticipated risks while M WH is performing these services, it is hereby agreed that thc scope of services, schcdulc and thc estimated project cost will be reconsidered and that this contract shall immediately bccomc subject to renegotiation or termination. In thc cvcnt that thc AGREEMENT is terminated because of thc discovery of pollutants posing unanticipated risks, it is agreed that lVIWH shall be paid for our total charges for labor performed and reimbursable charges incurrcd to thc date of termination of this AGREEMENT, including, if necessary, uny additional labor or reimbursable charges incmTed in demobilizing. CLIENT also agrees that the discovery of unanticipated hazardous substances may makc it necessary for MWH to take immediate measures to protect health and safety. MWH agrees to notify CLIENT as soon as practically possible should unanticipated hazardous substances or suspected hazardous substances bc cncountcrcd. CLIENT authorizes M WH to take measures that in MWH's sole j udgcmem are justified to preserve and protect the health and safety o£MWH's personnel and the public. CLIENT agrees to compensate M W H for the additional cost ofworki ng to protect employcc's and thc public health and safety. AQUIFER CONTAMINATION Subsurface ~tmpling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer, underground stream or oth~r hydrous body not previously contaminated and capable ofspreadinghazardous matcrials off-sitc. Bccauscnothing can bc denote climinatcthcrisk of such an occurrence, and bccausc subsurface sampling is a necessary aspect of the work which ENGINEER. will perform on CLIENTs behalf, CLIENT waives any claim against 'E, NGINEER, and agrees to defend, indemnify and hold ENGINEER harmless from any claim or liability for inju~' or loss which may arisc as a rcsuh of allcgcd cross-contamination causcd by sampling, CLIEIqT furlher agrees to compensate ENGINEER for any timc spent or expenses incurred by ENGINEER in defense of any such claim, in accordance with ENGINEER's prevailing fee schedule and expense reimbursement policy. DISPUTES If a dispute arises out of or relating to this AGREEMENT or thc brcach thereof, that cannot be settled through direcz discussions, thc parties agree to first endeavor to settle the dispute in an amicable manna by mediation undcT thc Construction Industry Mediation Rules of thc American A~oitration Assoclation, or other slmilar organiTation. Ifa lawsuit is filed and legal or other costs are incurred, it is agreed that thc prevailing party shall bc entitled to recover all reasonable costs incurred in the deeense of thc claim, including staff time at current billing rates, court costs, attorneys' fces and other claim-related expense, P -base I[ .-ESA Authorization to Commence 09/04~001 Page 3 of 4