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209-477-2440 LJ. T_ HULL & CO.,/ PME <br />Ll <br />790 P14 JRN 28194 10:EjtD <br />APPLIED SCIENCE AND ENGINEERING, INC. (ASE) <br />TERMS AND CONDITIONS <br />The attached proposal entitled, "Site Remediation Proposal," submitted to the Circuit Works Court <br />Appointed Receiver (Owner/Client) is contingent upon the following terms and conditions: <br />WARRANTY AND LIAIlIIM <br />A description of the scope of services to be performed by ASE is attached and unless otherwise <br />specified, Owner/Client warrants that to the best of Owner/Client's knowledge, Owner/Client has <br />provided ASE with all documents and information in Owner/Cleat's possesion relating to the physical <br />condition of the project site and surrounding area which could affect the scope of services to be <br />performed. <br />Owner/Client and ASE acknowledge and agree that any information respecting the site provided <br />by Owner/Client to ASE is for the purpose of assisting ASE in its performance of the scope of services <br />and the extent to which ASE shall rely on the accuracy of such information shall be left to the professional <br />discretion of ASE. Owner/Client does not warrant the accuracy of any such Information_ <br />Owner/Client will assign an on-site project coordinator/contact for this project who will act on <br />behalf of Owner/Clent. <br />ASE shall defend, Indemnify, and hold Owner/Client and their officers, directors, employees, <br />agents, and representatives (collectively the "Owner/Client Representatives") harmless against any <br />liabilities, injuries, claims (including without limitation good faith settlements), demands, liens, losses, <br />actions, jtidgements, damages, fees (including without limitation fees of attorneys, environmental <br />consultants and their, subcontractors), or costa (including without limitation environmental response costs) <br />(collectively "Liabilities') which are caused by or arise from the negligence or willful misconduct of ASE, <br />its officers, directors, employees, agents, representatives, or subcontractors in connection with any services <br />performed under this Agreement and Addendum, except to the extent that the Liabilities are caused by, <br />or arise from the negligence or willful misconduct of the Owner/Client Representatives In connection with <br />the work performed under this agreement. <br />Owner/Client shall defend, indemnify, and hold ASE, its officers, directors, employees, agents, <br />and representatives (collectively, the "ASE Representatives") harmless against any liabilities which are <br />caused by or arise from the negligence or willful misconduct of Owner/Client and thein' officers, directors, <br />employees, agents, and representatives in connection with work performed under this Agreement, except <br />to the extent that Liabilities are caused by, or arise from negligence or willful misconduct of the ASE <br />Representatives or ASE's subcontractors in connection with any work performed under this Agreement. <br />The defense, indemnification, and hold harmless provision set forth herein shall survive the <br />expiration, termination, or cancellation of the Agreement. <br />ASS warrants that its services are performed, within the limits prescribed by Owner/Client, with <br />the thoroughness and competence of the general engineering and environmental consulting professions, <br />W accordance with the standard for professional services at the time services are rendered. ASE further <br />warrants that it has all required training, permits, and licenses necessary to perform its obligations under <br />this Agreement and Addendum. No other warranty or representation, either expressed or implied, is <br />included or intended in its proposals, contracts, or reports. <br />