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CG5444 Dry Creek Road Sacramento, CA 95838 1$ 800-288-2657 CGRS, INC. STANDARD TERMS AND CONDITIONS Proposal �% Page 3 of 3 14) CGRS may terminate this Agreement at anytime on written notice to the Customer if a petition is brought under the present or any future federal or state bankruptcy or insolvency act seeking any reorganization, readjustment, liquidation, dissolution or similar relief with respect to Customer, if a receiver is appointed for Customer, or if, in CGRS' opinion, Customer becomes insolvent or its credit becomes impaired. Customer sh_�II at the written request of CGRS. riot to commencement of performing Work and thereafter. furnish to CGRS reasonable evidence that financial arrangements have been made to fulTll Customer's obligations under the Agreement. Furnishing of such evidence shall be a condition precedent to commencement or continuation ofthe performance of all not material) vary such _Work. After suchevidence has been furnished Customer shfinancial arran ements without riot notice to CGRS. 15) This Agreement shall supersede any prior agreements between the parties covering the subject matter hereof. The entire agreement covering the Work to be furnished hereunder is contained herein and any different or additional terms or conditions in any purchase orders or agreements issued by Customer shall be deemed null and void. Failure by CGRS to enforce any of the terms or conditions contained herein in a particular instance or instances shall not constitute a waiver thereof nor preclude subsequent enforcement of same. 16) CUSTOMER acknowledges that certain information provided by CGRS in rendering the Work hereunder is either patented, a trade secret or other proprietary information of CGRS. CUSTOMER will keep confidential and prevent the disclosure of Confidential Information (defined below) to or for anyone other than CGRS. The above obligations incurred by CUSTOMER will not apply, however, to information that is either (i) known to the public, (ii) CUSTOMER can show by its written records that such information was known on a non -confidential basis by CUSTOMER prior to the dis3losure by CGRS, or (iii) CUSTOMER can show by its written records that such information was lawfully disclosed on a non -confidential basis to CUSTOMER by a third party subsequent to the disclosure by CGRS. Confidential Information shall mean (i) any and all patentable and unpatentable inventions, discoveries, improvements, trade secrets, information, know-how and data, whether technical, non- technical, economic or otherwise, which is in any way disclosed to CUSTOMER by or on behalf of CGRS in the course of, as a result of or in connection with the Work provided hereunder and (ii) all diagrams, plans, devices, specifications, data and notes, memoranda and other writings of a technical, non-technical or economic nature which are furnished to CUSTOMER by CGRS in rendering the Work hereunder. Such Confidential Information will be and remain the property of CGRS or an affiliate. 17) If CGRS is hired to assist in pre -testing of the system prior to the actual Enhanced Leak Detection (ELD) test, CGRS will make its best effort to discover and identify such leaks, but makes no guarantee to the effectiveness of such pre-test and repairs with respect to the outcome of the ELD test result. CUSTOMER will pay CGRS for any requested service, regardless of the outcome of such ELD test. Passing the pre-test does not in anyway guarantee a passing result during the final ELD test. No warranties by CGRS shall be implied or otherwise created under any applicable law. 18) CGRS shall not be liable for any indirect damages, costs, fees or revenue loss, associated with delay of opening the Facility, including inability of CGRS to schedule or complete project on date requested by the CUSTOMER or CUSTOMER'S agent. CGRS will not be responsible for any cost associated with CUSTOMER'S contractor(s) presence on the site during the time of the test. CGRS shall not be liable for any cost to repair leaking system(s), including removal and replacement of concrete/asphalt or backfill material. 19) Customer will, to the fullest extent permitted by law, defend, indemnify and hold harmless CGRS and any and all of its officers, employees, agents, consultants or subcontractors (hereinafter referred to as Indemnities) from any claims, demands, losses, damages, costs, charges and expenses of every nature and description, whether direct or indirect, arising out of performance of the Work under this Agreement, including injuries to any person and damages to property. The indemnification obligation under this section will not be limited in any way by limitations on the amount or type of damages, compensation acts, disability benefit acts or other employee benefit acts. It is expressly understood and agreed that this indemnification does not obligate Customer to indemnify CGRS with respect to CGRS's negligence or that of its officers, employees, agents or consultants. 20) If project is cancelled by Customer during or after mobilization to the Facility, a mobilization charge will apply. If the crew cannot be utilized for another area project during the same calendar date(s), the base rate for the Pretest and/or Final Test may apply. 21) Health & Safety: This proposal assumes that fieldwork will be conducted in Level D. CGRS' field personnel have completed OSHA CFR 1910.120 40 -hour training and annual 8 -hour refresher courses. 22) It is understood that any variations of the specifics provided may change final price. 23) Test results will be provided to the client, local regulators and SWRCB (State Water Resources Control Board) upon receipt of final payment for Work performed at the location. 24) C.G.R.S., Inc. reserves the right to add a fuel or material surcharge if this project is not completed within the next 60 days. 25) It is understood that any schedule changes must be made no less than 48 hours (business days) prior to the scheduled test date. Schedule changes made without 48 hours notification will result in a $1500 fee for each occurrence. CGRS' Scheduling phone number is 916-991-1100 Monday through Friday from 8am to Spm. Any calls received made after hours or on weekends will be considered as being received on the next business day (business days are Monday through Friday only). 26) The neon executing this document on behalf of customer warren that (s)he has been dint authorized to sign it on behalf of Customer, and has authority to sign on behalf of Customer �'— �L'— -- CALIFORNIA PRELIMINARY NOTICE INFORMATION In Accordance with the construction and contractor laws of the State of California the following information is requested for completion of project work. PROJECT LOCATION:76 Gas Station 574 West Grant Line Rd Tracy, CA 95376 PROPERTY OWNER:_ Rd. LEASE HOLDER: LENDER: FEDERAL TAXI ACCEPTED BY: DATE: CGRS OFFICER: DATE: