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KLEINFELDER <br /> Kleinfelder of such intended use in writing. Based on the intended use of the document, <br /> Kleinfelder may require that additional work be performed and that an updated document be <br /> issued. Non-compliance with any of these requirements by the client or anyone else will release <br /> Kleinfelder from any liability resulting from the use of this document by any unauthorized party. <br /> Provided the Consultant's report is still reliable (as determined by Consultant), Consultant may <br /> issue a third-party reliance letter to a party that Client identifies in writing under the following <br /> conditions: that the third party, including Client's successors and assigns, by such reliance, (1) <br /> agree in writing to be bound by Consultant's Terms and Conditions and (2) agree to pay <br /> Consultant's then-current fees for issuing such letters. <br /> The fees presented in this proposal are based on prompt payment for services presented in <br /> Kleinfelder's standard invoicing format. Additional charges will be applied for specialized <br /> invoicing and/or if backup documentation is needed. These special services will be charged on a <br /> time and expense basis. Late fees will be charged if payment is not received in accordance with <br /> terms contained in our contract. <br /> This proposal is based on Kleinfelder's standard terms and conditions which is attached. If <br /> changes are made to the terms and conditions, or if an additional insurance or liability coverage <br /> is desired, Kleinfelder reserves the right to modify its proposal/fee. Additionally, if an <br /> alternative contract is desired, some delays may be incurred as a consequence of our review. <br /> The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the <br /> location of your project represents a potential safety concern to our employees. Unsafe <br /> conditions for field work will require a modification of our estimated scope of work and <br /> associated fees. We will advise you of the additional costs necessary to mitigate these <br /> unanticipated conditions, if applicable. <br /> This project has not been identified as being subject to prevailing wage laws. As such, our wages <br /> for field personnel are based on the competitive marketplace and may not be in compliance with <br /> the requirements for prevailing wage projects. In the event that prevailing wages are deemed by <br /> proper authority to apply to this project, additional, legally-mandated, labor-related charges will <br /> require a corresponding increase in our fee. <br /> 02001PROP.ENV/STO4P222/DGD:ss Page 10 of 10 <br /> Copyright 2004,Kleinfelder,Inc. May 26,2004 <br />