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Pacific Growers, Inc. • September 1, 1989 <br /> Quote No. 7519F Page 6 <br /> L. All samples of soil, rock or water will be discarded thirty days after submission of our report <br /> unless specific arrangements are previously made by Customer. <br /> M. In the event that the Customer requests termination of the work prior to completion of a <br /> report, we reserve the right to complete such analyses and records as are necessary to protect <br /> our professional reputation, and to complete a report on the work performed to date. A <br /> termination charge to cover the cost thereof in an amount not to exceed 30 percent of all <br /> charges incurred up to date of the stoppage of the work may be made at the discretion of EES. <br /> N. For any damages on account of error,omission, or other professional negligence,our liability <br /> will be limited to a sum of$5,000.00,or our fee,whichever is greater. <br /> O. In the event the Customer makes a claim against EES, at law or otherwise, for any alleged <br /> error, omission or other acts arising out of the performance of our professional services, and <br /> the Customer fails to prove such claim, then the Customer shall pay all costs incurred by EES <br /> in defending itself against the claim. <br /> p. Reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and <br /> other documents prepared by EES, as instruments of service, shall remain the property of <br /> EES. Customer agrees that reports and other work furnished to the Customer or his agents <br /> which are not paid for will be returned upon demand and will not be used by the Customer for <br /> any purpose whatever. EES will retain pertinent records relating to the services performed for <br /> a period of two years following submission of the report during which period the records will <br /> be made available to the Customer at reasonable times. _ <br /> Q. Equipment damaged or lost on a job while attempting to accomplish a request by the Customer <br /> will be billed to the job(i.e., samplers damaged by overdriving, bits destroyed by cutting hard <br /> rock or concrete,or vandalism to vehicles or theft of equipment while on the job, etc.). <br /> R. EES reserves the right to refuse projects deemed risky or dangerous due to site conditions or <br /> weather or where access or mobility is questionable. We will attempt questionable access <br /> only at the request and responsibility of the Customer. <br /> S. The price quoted herein will be in effect for a period of 30 days from the specified bid date. <br /> EES terms of payment are net 30 daysdue and payable upon receipt of our invoice. Interest <br /> of 25% per month will be assessed on any overdue balance. <br /> T. EES assumes that there is twenty (20) feet of clear work area around the tank excavation site <br /> and that the asphalt or concrete surface is no thicker than four (4) inches. If either one of <br /> these conditions are not met, EES will charge an additional fee on a time and material plus <br /> 15% basis. This charge will be assessed on site before any further work is completed. <br /> U. Customer is responsible for additional costs incurred which arc associated with site safety and <br /> security should the site excavation remain open due to unforeseen or unanticipated <br /> circumstances (i.e., contaminated conditions). EES will assist the customer in providing <br /> safety and security measures on a time and materials basis,if so requested. <br /> V. EES assumes that all tanks are steel. If a tank is not steel, then EES will assess an additional <br /> charge based on time and material plus 25%. <br />