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ATTACHMENT A <br />CX_C.fALLWASTE TERMS .AND CONDITIONS <br />The attached proposal entitled "I'RoPoSAL ICOR SITE REMEDIATION, CIRCUIT <br />WORKS, INC. 152 FRANK WEST CIRCLE, Sl'OCKTON, CALIFORNIA,", submitted to <br />APPLIED SCIENCE AND ENGINEERING, INC. (Owner/Client) is contingent upon the <br />following tertxtss and conditions: <br />WARRANTY.-AND.LIABILIU <br />A description of the scope of services to be performed by C.K.C., Inc. is attached and <br />unless otherwise specified Owner/Client warrants that to the best of Owner/Client's <br />knowledge he/she has provided C.K.C., Inc. with all documents and information in <br />Owner/Client's possession relating to the physical condition of tlxe project site and <br />surrounding area which could affect the scope of services to be performed. <br />owner/Client and C.K.C., bic. aelmowledge and agree that any information <br />respecting the site provided by owner/Client to C.K.C., Iac. is for the purpose of assisting <br />C.K.C., Inc. in its performance of the scope of services and the extent to which C.K.C., Inc. <br />shall rely on the accuracy of such information shall be left to the professional discretion of <br />C,K.C., Inc. Owner/Client does not warrant the accuracy of any such information. <br />C.K.C., Inc. warrants that it has specified to Owner/Client what information <br />Owner/Client should provide as required in the Agreement. <br />Owner/Client will assign an ort -site project coordinator/contact for this project who <br />will act on behalf of Owner/Client. <br />C.K.C., Inc. shall defend, indemnify, and hold Owner/Client and their officers, <br />directors, employees, agents and represenntatives (collectively the "Clwner/Client <br />Representatives") harmless against any liabilities, injuries, claims (including without <br />limitation good faith settlements), demands, liens, losses, actions, judments, damages, fecs <br />(including without limitation fees of attorneys, environmental consultants and their <br />subcontractors), or costs (including without limitation environmental response costs) <br />(collectively "Liabilities") which are caused by or arise front die negligence Or willful <br />misconduct of C.K.C., Inc., its officers, directors, employees, agents, representatives or <br />subcontractors in connection with any services performed under this Agreement and <br />Addendum, except to the extent that the Liabilities are cared by or arise from the negligence <br />or willful misconduct of the Owner/Client Representatives in Connection with the work <br />performed under this agreement. <br />Ciwner/C1i.eixt shall defend, indemnify and hold G.K.C., Inc., its officers, directors, <br />employees, agents and represesitatives (collectively, the "C.K.C., Inc. Representatives") <br />harmless agaiwst any Liabilities wWch are caused by or arise from the negtigetice or willful <br />A-1 <br />