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CLAYTON GROUP SERVICES,INC.
<br /> (f/k/a CLAYTON ENVIRONMENTAL CONSULTANTS,INC.) At the sole discretion of Clayton,all samples obtained by Clayton
<br /> CONSULTING SERVICES under this Agreement may be discarded 30 days after analyses,or
<br /> TERMS AND CONDITIONS returned by Clayton to the Client, unless otherwise mutually
<br /> agreed in writing.
<br /> These Terms and Conditions govern the work to be performed by
<br /> Clayton Group Services, Inc. f/k/a Clayton Environmental 3. Compliance With Laws.Clayton shall use commercially
<br /> Consultants, Inc. ("Clayton"), as specified in the proposal (the reasonable best efforts to comply with all federal,state and local
<br /> "Companion Documents")prepared by Clayton of which these statutes,codes,laws and administrative regulations,including but
<br /> Terms and Conditions are a part. not limited to those related to environmental, fire, safety and
<br /> health matters, which are applicable to the performance of its
<br /> By accepting the Companion Documents or authorizing or consulting services under this Agreement,but shall not be liable
<br /> accepting any portion of the work done or to be done by Clayton to Client for failure to so comply unless such non-compliance is
<br /> as specified in the Companion Documents,the client("Client") due to the negligence of Clayton.
<br /> shall be deemed to have accepted these Terms and Conditions as
<br /> if fully set forth in any of the Companion Documents. 4. Safety Responsibilities. If Clayton provides a safety and
<br /> health officer at the Site where the work is to be done, Clayton
<br /> 1. Client Information. Client shall provide Clayton with all shall be authorized to take any and all measures on behalf of Client
<br /> information required to enable Clayton to perform its services,and that,in Clayton's opinion,will maintain generally accepted health
<br /> Client warrants to Clayton, that if it knows or has reason to and safety standards for personnel at the Site. Clayton will advise
<br /> suspect that hazardous materials or conditions may exist at any Client regarding deficiencies with respect to specifications and
<br /> site to be surveyed by Clayton, or where work is to be done applicable regulations, but Clayton is not responsible for the
<br /> ("Site"), it will inform Clayton in writing. Clayton shall not be failure of Client or its agents to follow the recommendations of
<br /> liable for any incorrect advice,judgment,recommendation,finding, Clayton personnel. Client waives any claim against Clayton for,
<br /> decision or conduct based upon any inaccurate or incomplete and agrees to defend,indemnify and hold Clayton harmless from
<br /> information supplied by Client. any claim for liability, for injury, or loss to Client, or others, in
<br /> connection with such measures, except to the extent such loss
<br /> 2. Performance.Clayton shall use commercially reasonable best results from Clayton's negligence.
<br /> efforts in performing services under these Terms and Conditions,
<br /> and the Companion Documents("Agreement"). Clayton shall not In the event that any of Clayton's activities hereunder are at the
<br /> be responsible for failure to perform its services if i)there is a failure Site, Client will assume sole and complete responsibility for the
<br /> or delay by Client or its contractors in providing Clayton with the Site, including safety of all persons and property, and further
<br /> necessary access to properties, documentation, information, or agrees to defend,indemnify and hold Clayton harmless from any
<br /> materials;ii)Client or its contractors fail to approve or disapprove and all liability,including to third parties,in connection with the
<br /> Clayton's work; or iii) if Client causes delays in any way project conducted at the Site,except to the extent such liability
<br /> whatsoever. In any of these events,Clayton's time for completion arises from the negligence of Clayton.
<br /> of its service shall be extended accordingly.
<br /> 5. Site Conditions. It is understood and agreed that(i)Clayton
<br /> Clayton shall not be responsible for failure to perform if such is not,and has no responsibility as an owner,a handler,generator,
<br /> failure is due to any act of God, labor trouble, fire, inclement operator, treater, storer, arranger, transporter or disposer of
<br /> weather,act of governmental authority,failure of transportation, hazardous or toxic substances found or identified at the Site;and
<br /> accident, power failure or interruption, or any other cause, (ii) Client shall undertake to arrange for the handling, removal,
<br /> reasonably beyond Clayton's control. In any of these events, treatment, storage, transportation, and disposal of hazardous
<br /> Clayton's time for completion of its services shall be extended substances or constituents found or identified at the Site.
<br /> accordingly. Notwithstanding the above,in the course of performing services
<br /> Consulting Services Terms and Conditions
<br /> (7/01)
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