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(aENERAL CONDITIONS FOR GEOTECNNICAL. SERVICES SECTION 1: RIGHT OF ENTRY The CLIENT will provide for the right-of-entry of EDP Consultants J its and personnel and equipment in order to complete the work. In ? event the project site is not owned by the CLIENT, the CLIENT warrants that he has obtained all necessary permissions for EDP Con- sultants to enter onto the site and conduct its subsurface exploration activities. While EDP Consultants will take all reasonable precautions to minimize damage to the property, it is understood by the CLIENT that in the normal course of work some damage may occur, the correction of which, unless specifically stated otherwise in the proposal, is not part of this agreement. SECTION 2: UTILITIES EDP Consultants will take all reasonable precautions to avoid damage or injury to underground structures or utilities. The CLIENT, and the OWNER if different from the CLIENT, agree to hold EDP Consultants harmless for any damage to underground struc- tures, pipelines, or utilities which are not called to its attentlon or are not correctly shown on the plans and drawings furnished to it for the pur- pose of locating such underground structures, pipelines or utilities. SECTION 3: ACCESS Unless specifically stated in the proposal, the CLIENT agrees to reimburse EDP Consultants for the use of owned or hired equipment which is not anticipated in the description of the scope of work but which becomes necessary for access after the start of field work plus down time or standby time while such equipment is mobilized. SECT10Pl 4: CONTAAAINATED SMAPLES The ownership oi samples that are found to be contaminated remains with the OWNER of the property from which the samples were obtained. The CLIENT, and the OWNER ii different from the CLIENT, agree that EDP Consultants may use such portions of the samples as may be required in the completion of its interpretation and testing, and t any remaining portions of contaminated samples will be returned to site and transferred to the custody of the OWNER who is responsible for their proper disposal. The OWNER agrees to pay any and all trans- portation and documentation costs incurred by EDP Consultants in transferring such samples. The OWNER may at his option chose to have EDP Consultants dispose of the samples and agrees to pay all necessary and reasonable costs incurred by EDP Consultants for trans- portation, analytical testing and disposal. If at the end of the sample retention period defined in Section 5 of these General Conditions, the OWNER has not made provisions for sample disposal, EDP Consultants may dispose of the samples as if the OWNER had so direcied with all reasonable cost charged to the OWNER. The CLIENT, and the OWNER if different from the CLIENT, further agree that decontamination waste and cuttings from borings or excavations will remain on site for storage or disposal by the OWNER at his expense. SECTION 5: SAMPLE RE7ENT10N EDP Consultants will retain ail soil and rock samples tor 30 days following the completion of the geotechnical report. Arrangements for further storage or transfer of samples can be made at the CLIENTs ex- pense upon written request. SECIION 8: DISPUTES In the event that a dispute should arise relating to the performance of the services to be provided under this agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, inciuding staff time, court costs, attorneys' fees, and other claim- related expenses. SECTION 9: WARRANTY EDP Consultants' services will be performed, its findings obtained, and its reports prepared in accordance with the proposal, the CLIENTs acceptance thereof, these General Conditions, and with generally ac- cepted engineering principles and practices. The services performed by EDP Consultants under this agreement will be completed in a manner consistent with ihat level of care and skill ordinarily exercised by mem- bers of its profession currently practicing under similar conditions. This warranty is in lieu of all other warranties, either expressed or implied. The CI.IENT acknowledges that subsurface conditions may vary from those encountered at the locations where borings, surveys, or explorations are made, and that the data, interpretations and recom- mendations of EDP Consultants are based solely on the information available to it. EDP Consultants will be responsible for its data, interpre- tations, and recommendations, but wiil not be responsible for the inter- pretation of the information by others. SECTION 10: UMffAT10N OF LIABILlTY Should EDP Consultants or any of its professional employees be found to have been negligent in the performance of professional serv- ices, to have breached its contract, or to have made and breached any expressed or implied warranty, the CLIENT, and all parties claiming through the CLIENT, agree that the maximum aggregate amount of the liability of EDP Consultants and its professional empioyees shall be limit- ed to $50,000 or the total amount of the fee paid to EDP Consuttants for professional services with respect to the subject project and all of its various phases, whichever amount is greater. It is further agreed that EDP Consultants will be held liable for ciaims or damages only to the extent that its negligent acts, performance, or omission contribute to the damages. SECTIOfd 11: INSURANCE EDP Consultants represents and warrants that it and its agents, staff and consuitants employed by it is and are protected by worker's compensation insurance and has such coverage under public liability and property damage insurance policies which EDP Consultants deems to be adequate. Certificates for all such insurance policies will be pro- vided to the CLIENT upon written request. Within the limits and conditions of such insurance, EDP Consultants agrees to indemnify and save the CLIENT harmiess from and against any loss, damage or liability arising from any negligent acts of EDP Consultants and the agents, staff, and consultants empioyed by it, provided however, that EDP Consultants shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. EDP Consultants will not be responsible for any loss, damage, or liability arising from any acts by the CLIENT, the CLIENT's agents and staff, or other contractors or con- sultants employed by the CLIENT. SECT10P1 I2: TEW1AIPlAT10N SECTION s: IM/OICES EOP Consultants will submit invoices to the CLIENT approximately monthly and a final bill upon the completion of services. Payment is due upon presentation oi invoices and is past due thirty (30) days irom the invoice date. The CUENT agrees to pay a finance charge of one and one-half percent (1-1/2%) per month, computed from the.date of the invoice, on past due accounts. SECTION 7: OWNERSHIP OF DOCUMENTS All reports, boring logs, data, notes, laboratory test data, calcula- is, estimates, and other documents prepared by EDP Consultants as ruments of service, shall remain the property of EDP Consultants. The CLIENT agrees that all reports and other work furnished to the CLIENT or his agents, which are not fully paid for, will be returned upon demand and will nnt be used by the CLIENT for any purpose whatever. EDP Consultants will retain all pertinent records relating to the services performed for a period of five years during wFich period the records will be made available to the CLIENT at all reasonable times. This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before the expiration of the period specified in the written notice. In the event of termination, EDP Consultants shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination or suspension for more than three (3) months prior to completion of all reports contemplated by this agree- ment, EDP Consultants may complete such analyses and records as are necessary to complete its files and may also complete a report for the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of EDP Consultants in compieting such analyses, records and reports. SECTION 13: ASSIGNS Neitherthe CLIENT nor EDP Consultants may delegate, assign, sublet or transfer his duties or interest in this agreement without the express written consent of the other party. ADM-5 (92i)