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
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