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11.INSURANCE Project for which the Services are provided,including without
<br /> 17.1. Consultant's Insurance Consultant will obtain, if limitation design and licensing requirements of the Project.
<br /> reasonably available,the following coverages: 12.3.2. Use by Consultant. Consultant retains the right
<br /> of ownership with respect to any patentable concepts or
<br /> 11.1.1. Statutory Workers' CompensationfEmployer's copyrightable materials arising from Services and the right to
<br /> Liability Insurance; use the Documents for any purpose.
<br /> 11.1.1. Commercial General Liability Insurance with a 12.4. E[edronic Media. Consultant may agree at Client's
<br /> combined single limit of$1,000,000; request to provide Documents and information in an electronic
<br /> 11.1.3. Automobile Liability Insurance, including format.Client recognizes that Documents or other information
<br /> liability for all owned, hired and non-owned vehicles with recorded on or transmitted as electronic media are subject to
<br /> minimum limits of$1,000,000 for bodily injury per person, undetectable alteration due to (among other causes)
<br /> $1,000,000 property damage,and$1,000,000 combined single transmission, conversion, media degradation, software error,
<br /> limit per occurrence;and, or human alteration. Accordingly, all Documents and
<br /> information provided by Consultant in electronic media are for
<br /> 11.1.4. Professional Liability Insurance in amounts of informational purposes only and not as final documentation.
<br /> $1,000,000 per claim and annual aggregate. Unless otherwise defined in the Scope of Services,
<br /> 1 L2. Contractor's Insurance Client will require that all Consultant's electronic Documents and media will conform to
<br /> Contractors and subcontractors for the Project name Consultant's standards.Consultant will provide any requested
<br /> Consultant as an additional insured under their General electronic Documents for a 30-day acceptance period, and
<br /> Liability and Automobile Liability insurance policies.If Client Consultant will correct any defects reported by Client to
<br /> is not the Project owner,Client will require the Project owner Consultant during this period. Consultant makes no
<br /> to require the owner's Contractor to purchase and maintain warranties, either express or implied regarding the fitness or
<br /> General Liability, Builder's Risk, Automobile Liability, suitability of any electronic Documents or media.
<br /> Workers' Compensation, and Employer's Liability insurance 12.5. Unauthorized Reuse No party other than Client may
<br /> with limits no less than as set forth above, and to name rely, and Client will not represent to any other party that it
<br /> Consultant and its subcontractors and suboomultants as may rely on Documents without Consultant's express prior
<br /> additional insureds on the General Liability insurance. written consent and receipt of additional compensation.Client
<br /> 11.3. Cer[iJicates of Insurance Upon request, Consultant will not permit disclosure, mention, or communication of, or
<br /> and Client.will each provide the other with certificate(s) of reference to the Documents in any offering circular,securities
<br /> insurance evidencing the existence of the policies required offering, loan application, real estate sales documentation, or
<br /> herein. Except for Professional Liability and Workers' similar promotional material without Consultant's express
<br /> Compensation Insurance, all policies required herein shall prior written consent.Client waives any and all claims against
<br /> contain a waiver of subrogation. Consultant resulting in any way from the unauthorized reuse
<br /> or alteration of Documents by itself or anyone obtaining them
<br /> 12.OWNERSHIP AND USE OF DOCUMENTS through Client. Client will defend, indemnify and hold
<br /> harmless Consultant from and against any claim, action or
<br /> 12.1. Client Documents. All documents provided by Client proceeding brought by any party claiming to rely upon
<br /> will remain the property of Client. Consultant will return all information or opinions contained Documents provided to
<br /> such documents to Client upon request, but may retain file such person or entity, published, disclosed or referred to
<br /> copies of such documents. without Consultant's prior written consent.
<br /> 12.1. Consultants Documents. Unless otherwise agreed in 13.SAMPLES AND CUTTINGS
<br /> writing,all documents and information prepared by Consultant
<br /> or obtained by Consultant from any third patty in connection 13.1. Sample Retention. If Consultant provides laboratory
<br /> with the performance of the Services, including, but not testing or analytic Services,Consultant will preserve such soil.
<br /> limited to, Consultant's reports,boring logs,maps, field data, rock, water, or other samples as it deems necessary for the
<br /> field notes, drawings and specifications, laboratory test data Project, but no longer than 45 days after issuance of any
<br /> and other similar documents (collectively "Documents") are Documents that include the data obtained from these samples.
<br /> the property of Consultant.Consultant has the right,in its sole Client will promptly pay and be responsible for the removal
<br /> discretion,to dispose of or retain the Documents. and lawful disposal of all contaminated samples, cuttings,
<br /> 123. Use of Documents. Al( Documents prepared by Hazardous Materials,and other hazardous substances.
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<br /> Consultant are solely for use by Client and will not be 13.2. Monitoring Wells. Client will take custody of all
<br /> provided by either party to any other person or entity without monitoring wells and probes installed during an investigation
<br /> Consultant's prior written consent. Except as set forth herein, by Consultant,and will take any and all necessary steps for the
<br /> neither Consultant nor Client will disclose, disseminate or proper maintenance,repair or closure of such wells or probes
<br /> otherwise provide such reports or information except as at Client's expense.
<br /> required for the completion of Contractor's Work or the
<br /> monitoring of the Project by Governmental Agencies.
<br /> 11.3.1. Use by Client. Client has the right to reuse the
<br /> Documents for purposes reasonably connected with this
<br /> GENERAL CONDITIONS FOR ENVIRONMENTAL CONSULTING SERVICES Revised Nov 04
<br /> C 2004 All Rights Reserved Page GC4 of 5
<br /> BSK
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