|
' AR 2 g 2U1C1
<br />NVIRO�ME�TAI- HEALTH
<br />E pEPARTMEN
<br />Naturaliv Occurring Asbestos (NOA) — CLIENT waives any claim against CONDOR. and agrees to defend, indemnify and hold CONDOR
<br />harmless from any claim or liability for injury or loss which may arise as a result of NOA. CLIENT further agrees to compensate CONDOR
<br />for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and
<br />expense reimbursement policy.
<br />Disposal of Samples - Soil, rock, water and/or other samples obtained from the Project site are the property of CLIENT. CONDOR shall
<br />preserve such samples for no longer than forty-five (45) calendar days after the issuance of any document that includes the data obtained from
<br />them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or
<br />suspected hazardous substances, it is CLIENT's responsibility to select and arrange for lawful disposal procedures, that is, procedures which
<br />encompass removing the contaminated samples from CONDOWs custody and transporting them to a disposal site. CLIENT is advised that, in
<br />all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures.
<br />Due to the risks to which CONDOR is exposed, CLIENT agrees to waive any claim against CONDOR, and to defend, indemnify and hold
<br />CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's containing, labeling, transporting, testing, storing or
<br />other handling of contaminated samples. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by
<br />CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense
<br />reimbursement policy.
<br />Drill Cuttings and Fluids - CLIENT recognizes that, when it is known. assumed or suspected that hazardous materials exist beneath the surface
<br />of the project site, certain waste materials, such as drill cuttings and drilling fluids, should be handled as if contaminated. Accordingly, to
<br />protect human health and safety as well as die environment, CONDOR will appropriately contain and label such materials; will promptly
<br />inform CLIENT that such containerization and labeling has been performed, and will leave the containers on site for proper, lawful removal,
<br />transport and disposal by CLIENT. CLIENT waives any claim against CONDOR and agrees to defend, indemnify and hold CONDOR
<br />ham -Jess from any claim or liability for injury or loss which may arise as a result of the drill cuttings, drilling fluids or other assumedly
<br />hazardous materials being left on site after their containerization by CONDOR. CLIENT also agrees to compensate CONDOR for any time
<br />spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee
<br />schedule and expense reimbursement policy.
<br />Construction -Phase Services - If CONDOR is retahted by CLIENT to provide a site representative for the purpose of monitoring specific
<br />portions of construction work or other field activities as set forth in the Work Order, then this phase applies. For the specified assignment,
<br />CONDOR will report observations and professional opinions to CLIENT. No action of CONDOR or CONDOR's site representative can be
<br />construed as altering any AGREEMENT between CLIENT and others. CONDOR will report to CLIENT any observed geotechnically related
<br />work which, in CONDOR's professional opinion, does not conform with plans and specifications. CONDOR has no right to reject or stop work
<br />of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CONDOR's presence on site does not in any way
<br />guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction -related
<br />services.
<br />CONDOR will not be responsible for and will not have control or charge of specific means. methods, techniques, sequences or procedures of
<br />construction or other field activities selected by any agent or agreement of CLIENT, or safety precautions and programs incident thereto.
<br />I) Joint and Several Liability - if hazardous materials are encountered in this project, it is possible that the concept of joint and several liability
<br />could be construed to make CONDOR party or wholly responsible for damages created directly or indirectly by the hazardous materials.
<br />CLIENT agrees that it would be unfair for CONDOR to be exposed to such an action because CONDOR had nothing whatsoever to do with
<br />the creation of the hazardous condition. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold
<br />CONDOR harmless from any claim or liability for injury or loss arising from application of a joint arid several liability concept that would in
<br />any manner hold or seek to hold CONDOR responsible for creating a hazardous materials condition or permitting one to exist. CLIENT also
<br />agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation
<br />to be based upon CONDOR's current fee schedule and expense reimbursement policy.
<br />m) Indemnification by CONDOR - CONDOR agrees to hold harmless and indermhify CLIENT from and against liability arising out of
<br />CONTX)R's negligent performance of the work subject to any limitations, other indemnifications or other provisions CLIENT and CONDOR
<br />have agreed to. Under no circumstances, however, shall CONDOR have any obligation to defend independently or collectively CLIENT or
<br />other Indemnified Parties from and against liability for damages that may arise or be attributed to work performed by CONDOR under this
<br />Agreement. Nor shall CONDOR have any obligation to pay for or compensate any party for their defense costs or fees.
<br />n) Extension of Prolection - CLIENT agrees to extend any and all limitations, indemnifications and waivers provided by CLIENT to CONDOR to
<br />those individuals and organizations CONDOR retains for proper execution of the work. These shall be deemed to include, but not necessarily
<br />be limited to, CONDOWs officers and employees and their heirs and assigns, as well as CONDOR's agents, subconsultants and subcontractors
<br />and their officers, employees, heirs and assigns.
<br />o) Subsurface Risks - CLIENT recognizes that special risks occur whenever engineering or related disciplines are applied to identify subsurface
<br />conditions. Even a comprehensive sampling and testing program, implemented with the appropriate equipment and experienced personnel
<br />under the direction of a trained professional who functions in accordance with a professional standard of care may fail to detect certain
<br />conditions, because they are hidden and therefore cannot be considered in development of a subsurface exploration program. For similar
<br />reasons, actual environmental, geologic and geotechnical conditions that CONDOR properly infers to exist between sampling points may differ
<br />significantly from those that actually exist. The passage of time also must be considered, and CLIENT recognizes that, due to natural
<br />occurrences or direct or indirect human intervention at the site or distant front it, actual conditions discovered may quickly change. CLIENT
<br />realizes that nothing can he done to eliminate these risks altogether, but certain techniques can be applied by CONDOR to help reduce them to
<br />that level deemed tolerable by CLIENT. CONDOR is available to explain these risks and risk reduction methods to CLIENT but, in any event,
<br />i, Page 4 of 6
<br />Nkli;�
<br />CONDOR
<br />
|