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amendment,as appropriate to reflect Consultant's then-current of care and skill ordinarily exercised by other coasultnats fee structure. Consultant will give Client at least 30 days - practicing in the same discipline and locale under similar advance notice of any changes. Unless Client objects in circumstances at the time the Services are performed. writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated 4.2. No Warranty. No warranty, express or implied, is into this Agreement and will then supersede any prior fee included or intended by this Agreement. structure.If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee 5.CONTRACTOR'S PERFORMANCE structure within 30 days after notice, Consultant may 5.1. Contractor's Performance Consultant is not terminate this Agreement and be compensated as set forth responsible for the means, methods, techniques or sequences under Section l7,"Termination" used by Contractor during the performance of the Work. 3.4.2. Prevailing Wages. Unless Client specifically Consultant will not supervise or direct Contractoe s Work,nor informs Consultant in writing that prevailing wage regulations be liable for any failure of Contractor to complete its Work in cover the Project and the SCOPE OF SERVICES identifies it as accordance with the Contract Documents or with applicable covered by such regulations, Client will reimburse, defend, laws and regulations. Client understands and agrees that indemnify and hold harmless Consultant from and against any Contractor, and not Consultant,has sole responsibility for the liability resulting from a subsequent determination that safety of persons and property at the Project,Site during prevailing wage regulations cover the Project, including all remediation. costs,fines and attorneys'fees. 5.2 Tests. Tests performed by Consultant on finished Work 3.5. Payment Tinting; Late Charge All invoices are due or Work in progress are taken intermittently and indicate the upon receipt. All amounts unpaid 30 days after the invoice general acceptability of the Work on a statistical basis. date will include a late payment charge from the date of the Consultant's tests and observation of the Work are not a invoice, at the rate of I-W% per month or the highest rate guarantee of the quality of other parties' work and do not permitted by law. relieve other parties from their responsibility to perform their work in accordance with applicable plans, specifications and 4.STANDARD OF PERFORMANCE; DISCLAIMER OF requirements. WARRANTIES 6.ESTIMATE OF REMEDIATION COSTS 4.1. Professional Standards. Client acknowledges that Projects that include hazardous or toxic materials and/or Client acknowledges that environmental remediation costs are investigations of chemicals in the environment involve subject to many influences that are not subject to precise inherent uncertainties, such as limitations on laboratory forecasting and are outside of Consultant's control. Client analytical methods and variations in subsurface conditions. further acknowledges that actual costs incurred may vary Such uncertainties may adversely affect a Project's results, substantially from the estimates prepared by Consultant and even though the Services are performed with skill and care. that Consultant does not warrant or guaranty the accuracy of environmental remediation cost estimates. 4.1.1. Evolving Technologies. The investigation, charactervation and remediation of hazardous wastes involve 7,CLIENT'S RESPONSIBILITIES technologies which are rapidly evolving. Existing state-of-the- art technologies are often new and untried, and future In addition to payment for the Services performed under this technologies may supersede current techniques. In addition, Agreement,Client agrees to: standards for remediation, including statutes and regulations, 7.L Cooperation. Assist and cooperate with Consultant in change with time. Client understands that Consultant's rany moaner necessary and within its ability to facilitate recommendations must be based upon current technologies and standards and may differ from the recommendations that Consultant's performance under this Agreement. might be made at a later time. 7.2. Representative Designate c representative with 4.L2. Level of Service. Consultant offers different authority to receive all notices and information pertaining to this Agreement,communicate Client's policies and decisions, levels of Environmental Consulting Services to suit the desires and assist as necessary in matters pertaining to the Project and and needs of different clients.Although the possibility of error this Agreement Client's representative will be subject to can never be eliminated,more detailed and extensive Services change by written notice, yield more information and reduce the probability of error,but at increased cost. Client must determine the level of service 7.3. Rights of Entry. Provide access to and/or obtain adequate for its purposes. Client has reviewed the SCOPE OF permission for Consultant to enter upon all property, whether SERVICES and has determined that it does not need or want a or not owned by Client, as required to perform and complete greater level of service than that being provided. the Services. Consultant will operate with reasonable care to minimize damage to the Project Site(s). However, Client 4.1.3. Standard of Care. Subject to the limitations recognizes that Consultant's operations and the use of inherent in the agreed SCOPE OF SERVICES as to the degree of investigative equipment may unavoidably alter conditions or care, the amount of time and expenses to be incurred, and affect the environment at the existing Project Site(s).The cost subject to any other limitations contained in this Agreement, of repairing such damage will be home by Client and is not Consultant may perform its Services consistent with that level included in the fee unless otherwise stated. GENERAL CONDMONS FOR ENVIROMr¢NTAL CONSULTING SERVICES Revised Nov 04 ®2004 All Rights Reserved Page GC-2 of 5 BSK